THE COMPETITION ACT, 2002 
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ARRANGEMENT OF SECTIONS 

Last Updated: 22-7-2022 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF 
COMBINATIONS 

CHAPTER II 

3.  Anti-competitive agreements. 

Prohibition of agreements 

Prohibition of abuse of dominant position 

4.  Abuse of dominant position. 

5.  Combination. 
6.  Regulation of combinations. 

Regulation of combinations 

CHAPTER III 

COMPETITION COMMISSION OF INDIA 

7.  Establishment of Commission. 
8.  Composition of Commission. 
9.  Selection Committee for Chairperson and Members of Commission. 
10.  Term of office of Chairperson and other Members. 
11.  Resignation, removal and suspension of Chairperson and other Members. 
12.  Restriction on employment of Chairperson and other Members in certain cases. 
13.  Administrative powers of Chairperson. 
14.  Salary  and  allowances  and  other  terms  and  conditions  of  service  of  Chairperson  and  other 

Members. 

15.  Vacancy, etc., not to invalidate proceedings of Commission. 
16.  Appointment of Director General, etc.  
17.  Appointment  of  Secretary,  experts,  professionals  and  officers  and  other  employees  of 

Commission. 

CHAPTER IV 

DUTIES, POWERS AND FUNCTIONS OF COMMISSION 

18.  Duties of Commission. 
19.  Inquiry into certain agreements and dominant position of enterprise. 
20.  Inquiry into combination by commission. 
21.  Reference by statutory authority. 
21A. Reference by Commission. 
22.  Meetings of Commission. 

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SECTIONS 

23.  [Omitted.] 
24.  [Omitted.] 
25.  [Omitted.] 
26.  Procedure for inquiry under section 19. 
27.  Orders by Commission after inquiry into agreements or abuse of dominant position. 
28.  Division of enterprise enjoying dominant position. 
29.  Procedure for investigation of combinations. 
30.  Procedure in case of notice under sub-section (2) of section 6. 
31.  Orders of Commission on certain combinations. 
32.  Acts taking place outside India but having an effect on competition in India. 
33.  Power to issue interim orders. 
34.  [Omitted.] 
35.  Appearance before Commission. 
36.  Power of Commission to regulate its own procedure. 
37.  [Omitted.] 
38.  Rectification of orders. 
39.  Execution of orders of Commission imposing monetary penalty. 
40.  [Omitted.] 

CHAPTER V 

DUTIES OF DIRECTOR GENERAL 

41.  Director General to investigate contraventions. 

CHAPTER VI 

PENALTIES 

42.  Contravention of orders of Commission. 
42A. Compensation in case of contravention of orders of Commission. 
43.  Penalty for failure to comply with directions of Commission and Director General. 
43A. Power to impose penalty for non-furnishing of information on combinations. 
44.  Penalty for making false statement or omission to furnish material information. 
45.  Penalty for offences in relation to furnishing of information. 
46.  Power to impose lesser penalty. 
47.  Crediting sums realised by way of penalties to Consolidated Fund of India. 
48.  Contravention by companies. 

49.  Competition advocacy. 

CHAPTER VII 

COMPETITION ADVOCACY 

CHAPTER VIII 

FINANCE, ACCOUNTS AND AUDIT 

50.  Grants by Central Government. 
51.  Constitution of Fund. 
52.  Accounts and audit. 
53.  Furnishing of returns, etc., to Central Government. 

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CHAPTER VIIIA 

APPELLATE TRIBUNAL 

SECTIONS  

 53A. Appellate Tribunal. 
 53B. Appeal to Appellate Tribunal. 
 53C. [Omitted.] 
 53D. [Omitted.] 
 53E. [Omitted.] 
      53F. [Omitted.] 
53G. [Omitted.] 
53H. [Omitted.] 
53-I. [Omitted.] 
53J. [Omitted.] 
53K. [Omitted.] 
53L. [Omitted.] 
53M. [Omitted.] 
53N. Awarding compensation. 
53-O. Procedure and powers of Appellate Tribunal. 
53P. Execution of orders of Appellate Tribunal. 
53Q. Contravention of orders of Appellate Tribunal. 
53R. [Omitted.] 
53-S. Right to legal representation. 
53T. Appeal to Supreme Court. 
53U. Power to Punish for contempt. 

CHAPTER IX 

MISCELLANEOUS 

54.  Power to exempt. 
55.  Power of Central Government to issue directions. 
56.  Power of Central Government to supersede Commission. 
57.  Restriction on disclosure of information. 
58.  Chairperson,  Members,  Director  General,  Secretary,  officers  and  other  employees,  etc.,  to  be 

public servants. 

59.  Protection of action taken in good faith. 
60.  Act to have overriding effect. 
61.  Exclusion of jurisdiction of civil courts. 
62.  Application of other laws not barred. 
63.  Power to make rules. 
64.  Power to make regulations. 
65.  Power to remove difficulties. 
66.  Repeal and saving. 

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THE COMPETITION ACT, 2002 

ACT NO. 12 OF 2003 

An  Act  to  provide,  keeping  in  view  of  the  economic  development  of  the  country,  for  the 
establishment of a Commission to prevent practices having adverse effect on competition, to 
promote  and  sustain  competition  in  markets,  to  protect  the  interests  of  consumers  and  to 
ensure freedom of trade carried on by other participants in markets, in India, and for matters 
connected therewith or incidental thereto. 

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:— 

[13th January, 2003.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Competition Act, 2002. 

(2) It extends to the whole of India except the State of Jammu and Kashmir. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint: 

Provided that different dates may be appointed for different provisions of this Act and any reference 
in any such provision to the commencement of this Act shall be construed as a reference to the coming 
into force of that provision. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “acquisition” means, directly or indirectly, acquiring or agreeing to acquire— 

(i) shares, voting rights or assets of any enterprise; or 

(ii) control over management or control over assets of any enterprise; 

(b) “agreement” includes any arrangement or understanding or action in concert,— 

(i) whether or not, such arrangement, understanding or action is formal or in writing; or 

(ii) whether or not such arrangement, understanding or action is intended to be enforceable by 

legal proceedings; 
2[  3[(ba) "Appellate Tribunal" means the National Company Law Appellate Tribunal referred to 

in sub-section (1) of section 53A;]] 

(c) “cartel” includes an association of producers, sellers, distributors, traders or service providers 
who,  by  agreement  amongst  themselves,  limit,  control  or  attempt  to  control  the  production, 
distribution, sale or price of, or, trade in goods or provision of services; 

(d) “Chairperson” means the Chairperson of the Commission appointed under sub-section (1) of 

section 8; 

(e) “Commission” means the Competition Commission of India established under sub-section (1) 

of section 7; 

(f) “consumer” means any person who— 

(i)  buys  any  goods for  a consideration  which has  been  paid  or  promised or partly  paid  and 
partly promised, or under any system of deferred payment and includes any user of such goods 

1. 31st March, 2003, vide Notification No. S.O. 340(E), dated 31st March 2003 in respect of [s. 1, cls. (d), (g), (j), (k), (l) and (n) of s. 2, ss. 

8, 9, 10, 14, 16, 17, sub-sec. (1) of s. 63 and cls. (a), (b), (d), (e), (f) and (g) of sub-sec. (2) of s. 63]; 

19th June, 2003, vide Notification no. S.O. 715(E), dated 19th June 2003 in respect of [s. 2 {except cls.  (d), (g), (j), (k), (l) and (n)}, ss. 7, 
11, 12, 13, 15, 22, 23, 36, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, s. 63 {except cls. (a), (b), (d), (e), (f), (g) and (n) of sub-
sec. (2)}, 64 and 65] 

20th May, 2009, vide Notification No. S.O. 1241(E), dated 15th May 2009 in respect of [s. 3, 4, 18, 19, 21, 26, 27, 28, 32, 33, 35, 38, 39, 

41, 42, 43, 45, 46, 47, 48, 54, 55 and 56.] 

1st September, 2009, vide Notification No. S.O. 2204(E), dated 28th August, 2009 in respect of s. 66.  
1st June, 2011, vide Notification No. S.O. 1231(E), dated 30th May, 2011 in respect of s. 44. 
2. Ins. by Act 39 of 2007, s. 2 (w.e.f. 12-10-2007). 
3. Subs. by Act 7 of 2017, s. 171, for clause (ba) (w.e.f. 26-5-2017). 

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other than the person who buys such goods for consideration paid or promised or partly paid or 
partly  promised,  or  under  any  system  of  deferred  payment  when  such  use  is  made  with  the 
approval  of  such  person,  whether  such  purchase  of  goods  is  for  resale  or  for  any  commercial 
purpose or for personal use; 

(ii)  hires  or  avails  of  any  services  for  a  consideration  which  has  been  paid  or  promised  or 
partly  paid  and  partly  promised,  or  under  any  system  of  deferred  payment  and  includes  any 
beneficiary  of  such  services  other  than  the  person  who  hires  or  avails  of  the  services  for 
consideration  paid  or  promised,  or  partly  paid  and  partly  promised,  or  under  any  system  of 
deferred  payment,  when  such  services  are  availed  of  with  the  approval  of  the  first-mentioned 
person whether such hiring or availing of services is for any commercial purpose or for personal 
use; 

(g) “Director General” means the Director General appointed under sub-section (1) of section 16 
and  includes  any  Additional,  Joint,  Deputy  or  Assistant  Directors  General  appointed  under  that 
section; 

(h) “enterprise” means a person or a department of the Government, who or which is, or has been, 
engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control 
of articles or goods, or the provision of services, of any kind, or in investment, or in the business of 
acquiring,  holding,  underwriting  or  dealing  with  shares,  debentures  or  other  securities  of  any  other 
body corporate, either directly or through one or more of its units or divisions or subsidiaries, whether 
such unit or division or subsidiary is located at the same place where the enterprise is located or at a 
different place or at different places, but does not include any activity of the Government relatable to 
the sovereign functions of the Government including all activities carried on by the departments of 
the Central Government dealing with atomic energy, currency, defence and space. 

Explanation.—For the purposes of this clause,— 

(a) “activity” includes profession or occupation; 

(b) “article” includes a new article and “service” includes a new service; 

(c) “unit” or “division”, in relation to an enterprise, includes— 

(i)  a  plant  or  factory  established  for  the  production,  storage,  supply,  distribution, 

acquisition or control of any article or goods; 

(ii) any branch or office established for the provision of any service; 

(i) “goods” means goods as defined in the Sale of Goods Act, 1930 (8 of 1930) and includes— 

(A) products manufactured, processed or mined; 

(B) debentures, stocks and shares after  allotment; 

(C) in relation to goods supplied, distributed or controlled in India, goods imported into India; 

(j) “Member” means a Member of the Commission appointed under sub-section (1) of section 8 

and includes the Chairperson; 

(k) “notification” means a notification published in the Official Gazette; 

(l) “person” includes— 

(i) an individual; 

(ii) a Hindu undivided family; 

(iii) a company; 

(iv) a firm; 

(v) an association of persons or a body of individuals, whether incorporated or not, in India or 

outside India;  

(vi)  any  corporation  established  by  or  under  any  Central,  State  or  Provincial  Act  or  a 

Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); 

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(vii) any body corporate incorporated by or under the laws of a country outside India; 

(viii) a co-operative society registered under any law relating to co-operative societies; 

(ix) a local authority; 

(x) every artificial juridical person, not falling within any of the preceding sub-clauses; 

(m)  “practice”  includes  any  practice  relating  to  the  carrying  on  of  any  trade  by  a  person  or  an 

enterprise; 

(n) “prescribed” means prescribed by rules made under this Act; 

(o) “price”, in relation to the sale of any goods or to the performance of any services, includes 
every valuable consideration, whether direct or indirect, or deferred, and includes any consideration 
which  in  effect  relates  to  the  sale  of  any  goods  or  to  the  performance  of  any  services  although 
ostensibly relating to any other matter or thing; 

(p) “public financial institution” means a public financial institution specified under section 4A of 
the  Companies  Act,  1956  (1  of  1956)  and  includes  a  State  Financial,  Industrial  or  Investment 
Corporation; 

(q) “regulations” means the regulations made by the Commission under section 64; 

(r)  “relevant  market”  means  the  market  which  may  be  determined  by  the  Commission  with 
reference to the relevant product market or the relevant geographic market or with reference to both 
the markets; 

(s) “relevant geographic market” means a market comprising the area in which the conditions of 
competition for supply of goods or provision of services or demand of goods or services are distinctly 
homogenous and can be distinguished from the conditions prevailing in the neighbouring areas; 

(t) “relevant product market” means a market comprising all those products or services which are 
regarded  as  interchangeable  or  substitutable  by  the  consumer,  by  reason  of  characteristics  of  the 
products or services, their prices and intended use; 

(u)  “service”  means  service  of  any  description  which  is  made  available  to  potential  users  and 
includes the provision of services in connection with business of any industrial or commercial matters 
such  as  banking,  communication,  education,  financing,  insurance,  chit  funds,  real  estate,  transport, 
storage,  material  treatment,  processing,  supply  of  electrical  or  other  energy,  boarding,  lodging, 
entertainment, amusement, construction, repair, conveying of news or information and advertising; 

(v) “shares” means shares in the share capital of a company carrying voting rights and includes— 

(i) any security which entitles the holder to receive shares with voting rights; 

(ii) stock except where a distinction between stock and share is expressed or implied; 

(w) “statutory authority” means any authority, board, corporation, council, institute, university or 
any  other  body  corporate,  established  by  or  under  any  Central,  State  or  Provincial  Act  for  the 
purposes of regulating production or supply of goods or provision of any services or markets therefor 
or any matter connected therewith or incidental thereto; 

(x)  “trade”  means  any  trade,  business,  industry,  profession  or  occupation  relating  to  the 
production,  supply,  distribution,  storage  or  control  of  goods  and  includes  the  provision  of  any 
services; 

(y) “turnover” includes value of sale of goods or services; 

(z)  words  and  expressions  used  but  not  defined  in  this  Act  and  defined  in  the  Companies  Act, 

1956 (1 of 1956) shall have the same meanings respectively assigned to them in that Act. 

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CHAPTER II 

PROHIBITION OF CERTAIN AGREEMENTS, ABUSE OF DOMINANT POSITION AND REGULATION OF 
COMBINATIONS 

Prohibition of agreements 

3.  Anti-competitive  agreements.—(1)  No  enterprise  or  association  of  enterprises  or  person  or 
association  of  persons  shall  enter  into  any  agreement  in  respect  of  production,  supply,  distribution, 
storage,  acquisition  or  control  of  goods  or  provision  of  services,  which  causes  or  is  likely  to  cause  an 
appreciable adverse effect on competition within India. 

(2) Any agreement entered into in contravention of the provisions contained in sub-section (1) shall 

be void. 

(3)  Any  agreement  entered  into  between  enterprises  or  associations  of  enterprises  or  persons  or 
associations of persons or between any person and enterprise or practice carried on, or decision taken by, 
any association of enterprises or association of persons, including cartels, engaged in identical or similar 
trade of goods or provision of services, which— 

(a) directly or indirectly determines purchase or sale prices; 

(b) limits or controls production, supply, markets, technical development, investment or provision 

of services; 

(c)  shares  the  market  or  source  of  production  or  provision  of  services  by  way  of  allocation  of 
geographical area of market, or type of goods or services, or number of customers in the market or 
any other similar way; 

(d) directly or indirectly results in bid rigging or collusive bidding, 

shall be presumed to have an appreciable adverse effect on competition: 

Provided that nothing contained in this sub-section shall apply to any agreement entered into by way 
of  joint  ventures  if  such  agreement  increases  efficiency  in  production,  supply,  distribution,  storage, 
acquisition or control of goods or provision of services. 

Explanation.—For  the  purposes  of  this  sub-section,  “bid  rigging”  means  any  agreement,  between 
enterprises or persons referred to in sub-section (3) engaged in identical or similar production or trading 
of goods or provision of services, which has the effect of eliminating or reducing competition for bids or 
adversely affecting or manipulating the process for bidding. 

(4) Any agreement amongst enterprises or persons at different stages or levels of the production chain 
in  different  markets,  in  respect  of  production,  supply,  distribution,  storage,  sale  or  price  of,  or  trade  in 
goods or provision of services, including— 

(a) tie-in arrangement; 

(b) exclusive supply agreement; 

(c) exclusive distribution agreement; 

(d) refusal to deal; 

(e) resale price maintenance, 

shall be an agreement in contravention of sub-section (1) if such agreement causes or is likely to cause an 
appreciable adverse effect on competition in India. 

Explanation.—For the purposes of this sub-section,— 

(a) “tie-in arrangement” includes any agreement requiring a purchaser of goods, as a condition of 

such purchase, to purchase some other goods; 

(b) “exclusive supply agreement” includes any agreement restricting in any manner the purchaser 
in the course of his trade from acquiring or otherwise dealing in any  goods other than those of the 
seller or any other person; 

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(c)  “exclusive  distribution  agreement”  includes  any  agreement  to  limit,  restrict  or  withhold  the 

output or supply of any goods or allocate any area or market for the disposal or sale of the goods; 

(d) “refusal to deal” includes any agreement which restricts, or is likely to restrict, by any method 

the persons or classes of persons to whom goods are sold or from whom goods are bought; 

(e) “resale price maintenance” includes any agreement to sell goods on condition that the prices 
to  be  charged  on  the  resale  by  the  purchaser  shall  be  the  prices  stipulated  by  the  seller  unless  it  is 
clearly stated that prices lower than those prices may be charged. 

(5) Nothing contained in this section shall restrict— 

(i) the right of any person to restrain any infringement of, or to impose reasonable conditions, as 
may  be  necessary  for  protecting  any  of  his  rights  which  have  been  or  may  be  conferred  upon  him 
under— 

(a) the Copyright Act, 1957 (14 of 1957); 

(b) the Patents Act, 1970 (39 of 1970); 

(c) the Trade and Merchandise Marks Act, 1958 (43 of 1958) or the Trade Marks Act, 1999 

(47 of 1999); 

(d)  the  Geographical  Indications  of  Goods  (Registration  and  Protection)  Act,  1999                       

(48 of 1999); 

(e) the Designs Act, 2000 (16 of 2000); 

(f) the Semi-conductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000); 

(ii) the right of any person to export goods from India to the extent to which the agreement relates 
exclusively  to  the  production,  supply,  distribution  or  control  of  goods  or  provision  of  services  for 
such export. 

Prohibition of abuse of dominant position 

4. Abuse of dominant position.—1[(1) No enterprise or group shall abuse its dominant position.] 

(2)  There  shall  be  an  abuse  of  dominant  position  2[under  sub-section  (1),  if  an  enterprise  or  a 

group],— 

(a) directly or indirectly, imposes unfair or discriminatory— 

(i) condition in purchase or sale of goods or service; or 

(ii) price in purchase or sale (including predatory price) of goods or service. 

Explanation.—For the purposes of this clause, the unfair or discriminatory condition in purchase 
or sale of goods or service referred to in sub-clause (i) and unfair or discriminatory price in purchase 
or sale of goods (including predatory price) or service referred to in sub-clause (ii) shall not include 
such discriminatory condition or price which may be adopted to meet the competition; or 

(b) limits or restricts— 

(i) production of goods or provision of services or market therefor; or 

(ii)  technical  or  scientific  development  relating  to  goods  or  services  to  the  prejudice  of 

consumers; or 

(c) indulges in practice or practices resulting in denial of market access 3[in any manner]; or 

(d)  makes  conclusion  of  contracts  subject  to  acceptance  by  other  parties  of  supplementary 
obligations  which,  by  their  nature  or  according  to  commercial  usage,  have  no  connection  with  the 
subject of such contracts; or 

1. Subs. by Act 39 of 2007, s. 3, for sub-section (1) (w.e.f. 20-5-2009). 
2. Subs. by s. 3, ibid., for “under sub-section (1), if an enterprise” (w.e.f. 20-5-2009). 
3. Ins. by s.3, ibid. (w.e.f. 20-5-2009). 

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(e)  uses  its  dominant  position  in  one  relevant  market  to  enter  into,  or  protect,  other  relevant 

market. 

Explanation.—For the purposes of this section, the expression— 

(a) “dominant position” means a position of strength, enjoyed by an enterprise, in the relevant 

market, in India, which enables it to— 

(i) operate independently of competitive forces prevailing in the relevant market; or 

(ii) affect its competitors or consumers or the relevant market in its favour; 

(b)  “predatory  price”  means  the  sale  of  goods  or  provision  of  services,  at  a  price  which  is 
below the cost, as may be determined by regulations, of production of the goods or provision of 
services, with a view to reduce competition or eliminate the competitors; 

1[(c) “group” shall have the same meaning as assigned to it in clause (b) of the Explanation to 

section 5.]  

Regulation of combinations 

5. Combination.—The acquisition of one or more enterprises by one or more persons or merger or 

amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if— 

(a) any acquisition where— 

(i) the parties to the acquisition, being the acquirer and the enterprise, whose control, shares, 

voting rights or assets have been acquired or are being acquired jointly have,— 

(A)  either, in  India,  the  assets  of  the  value  of  more  than  rupees  one  thousand crores  or 

turnover more than rupees three thousand crores; or 

2[(B)  in  India  or  outside  India,  in  aggregate,  the  assets  of  the  value  of  more  than  five 
hundred million US dollars, including at least rupees five hundred crores in India, or turnover 
more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores 
in India; or] 

(ii) the group, to which the enterprise whose control, shares, assets or voting rights have been 
acquired or are being acquired, would belong after the acquisition, jointly have or would jointly 
have,— 

(A)  either  in  India,  the  assets  of the  value  of  more  than  rupees  four  thousand  crores  or 

turnover more than rupees twelve thousand crores; or 

3[(B)  in  India  or  outside  India,  in  aggregate,  the  assets  of  the  value  of  more  than  two 
billion  US  dollars,  including  at  least  rupees  five  hundred  crores  in  India,  or  turnover  more 
than six billion US dollars, including at least rupees fifteen hundred crores in India; or] 

(b)  acquiring  of  control  by  a  person  over  an  enterprise  when  such  person  has  already  direct  or 
indirect control over another enterprise engaged in production, distribution or trading of a similar or 
identical or substitutable goods or provision of a similar or identical or substitutable service, if— 

(i) the enterprise over which control has been acquired along with the enterprise over which 

the acquirer already has direct or indirect control jointly have,— 

(A)  either  in  India,  the  assets  of  the  value  of  more  than  rupees  one  thousand  crores  or 

turnover more than rupees three thousand crores; or 

1. Ins. by Act 39 of 2007, s. 3 (w.e.f. 20-5-2009). 
2.  Subs. by s. 4, ibid., for sub-clause (i) item (B) (w.e.f. 1-6-2011). 
3.  Subs. by s. 4, ibid., for sub-clause (ii) item (B) (w.e.f. 1-6-2011). 

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1[(B)  in  India  or  outside  India,  in  aggregate,  the  assets  of  the  value  of  more  than  five 
hundred million US dollars, including at least rupees five hundred crores in India, or turnover 
more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores 
in India; or] 

(ii)  the  group,  to  which  enterprise  whose  control  has  been  acquired,  or  is  being  acquired, 

would belong after the acquisition, jointly have or would jointly have,— 

(A)  either  in  India,  the  assets  of the  value  of  more  than  rupees  four  thousand  crores  or 

turnover more than rupees twelve thousand crores; or 

2[(B)  in  India  or  outside  India,  in  aggregate,  the  assets  of  the  value  of  more  than  two 
billion  US  dollars,  including  at  least  rupees  five  hundred  crores  in  India,  or  turnover  more 
than six billion US dollars, including at least rupees fifteen hundred crores in India; or] 

(c) any merger or amalgamation in which— 

(i)  the  enterprise  remaining  after  merger  or  the  enterprise  created  as  a  result  of  the 

amalgamation, as the case may be, have,— 

(A)  either  in  India,  the  assets  of  the  value  of  more  than  rupees  one  thousand  crores  or 

turnover more than rupees three thousand crores; or 

3[(B)  in  India  or  outside  India,  in  aggregate,  the  assets  of  the  value  of  more  than  five 
hundred million US dollars, including at least rupees five hundred crores in India, or turnover 
more than fifteen hundred million US dollars, including at least rupees fifteen hundred crores 
in India; or] 

(ii) the group, to which the enterprise remaining after the merger or the enterprise created as a 
result of the amalgamation, would belong after the merger or the amalgamation, as the case may 
be, have or would have,— 

(A)  either  in  India,  the  assets  of  the  value  of  more  than  rupees  four-thousand  crores  or 

turnover more than rupees twelve thousand crores; or 

4[(B)  in  India  or  outside  India,  in  aggregate,  the  assets  of  the  value  of  more  than  two 
billion  US  dollars,  including  at  least  rupees  five  hundred  crores  in  India,  or  turnover  more 
than six billion US dollars, including at least rupees fifteen hundred crores in India.] 

Explanation.—For the purposes of this section,— 

(a) “control” includes controlling the affairs or management by— 

(i) one or more enterprises, either jointly or singly, over another enterprise or group; 

(ii) one or more groups, either jointly or singly, over another group or enterprise; 

(b) “group” means two or more enterprises which, directly or indirectly, are in a position to— 

(i) exercise twenty-six per cent. or more of the voting rights in the other enterprise; or 

(ii)  appoint  more  than  fifty  per  cent.  of  the  members  of  the  board  of  directors  in  the  other 

enterprise; or 

(iii) control the management or affairs of the other enterprise; 

(c) the value of assets shall be determined by taking the book value of the assets as shown, in the 
audited books of account of the enterprise, in the financial year immediately preceding the financial 
year  in  which  the  date  of  proposed  merger  falls,  as  reduced  by  any  depreciation,  and  the  value  of 
assets shall include the brand value, value of goodwill, or value of copyright, patent, permitted use, 
collective  mark,  registered  proprietor,  registered  trade  mark,  registered  user,  homonymous 

1. Subs. by Act 39 of 2007, s. 4, for sub-clause (i) item (B) (w.e.f. 1-6-2011). 
2. Subs. by s. 4, ibid., sub-clause (ii) item (B) (w.e.f. 1-6-2011). 
3. Subs. by s. 4, ibid., for sub sub-clause (i) item (B) (w.e.f. 1-6-2011).  
4. Subs. by s. 4, ibid., sub-clause (ii) item (B) (w.e.f. 1-6-2011). 

10 

 
                                                           
geographical  indication,  geographical  indications,  design  or  layout-design  or  similar  other 
commercial rights, if any, referred to in sub-section (5) of section 3. 

6. Regulation of combinations.—(1) No person or enterprise shall enter into a combination which 
causes  or  is  likely  to  cause  an  appreciable  adverse  effect  on  competition  within  the  relevant  market  in 
India and such a combination shall be void. 

(2)  Subject  to  the  provisions  contained  in  sub-section  (1),  any  person  or  enterprise,  who  or  which 
proposes  to  enter  into  a  combination,  1[shall]  give  notice  to  the  Commission,  in  the  form  as  may  be 
specified,  and  the  fee  which  may  be  determined,  by  regulations,  disclosing  the  details  of  the  proposed 
combination, within 2[thirty days] of— 

(a)  approval  of  the  proposal  relating  to  merger  or  amalgamation,  referred  to  in  clause  (c)  of 
section 5, by the board of directors of the enterprises concerned with such merger or amalgamation, 
as the case may be; 

(b)  execution  of  any  agreement  or  other  document  for  acquisition  referred  to  in  clause  (a)  of 

section 5 or acquiring of control referred to in clause (b) of that section. 
3[(2A) No combination shall come into effect until two hundred and ten days have passed from the 
day on which the notice has been given to the Commission under sub-section (2) or the Commission has 
passed orders under section 31, whichever is earlier.] 

(3)  The  Commission  shall,  after  receipt  of  notice  under  sub-section  (2),  deal  with  such  notice  in 

accordance with the provisions contained in sections 29, 30 and 31. 

(4)  The  provisions  of  this  section  shall  not  apply  to  share  subscription  or  financing  facility  or  any 
acquisition, by a public financial institution, foreign institutional investor, bank or venture capital fund, 
pursuant to any covenant of a loan agreement or investment agreement. 

(5)  The  public  financial  institution,  foreign  institutional  investor,  bank  or  venture  capital  fund, 
referred to in sub-section (4), shall, within seven days from the date of the acquisition, file, in the form as 
may be specified by regulations, with the Commission the details of the acquisition including the details 
of control, the circumstances for exercise of such control and the consequences of default arising out of 
such loan agreement or investment agreement, as the case may be. 

Explanation.—For the purposes of this section, the expression— 

(a)  “foreign  institutional  investor”  has  the  same  meaning  as  assigned  to  it  in  clause  (a)  of  the 

Explanation to section 115AD of the Income-tax Act, 1961(43 of 1961); 

(b) “venture capital fund” has the same meaning as assigned to it in clause (b) of the Explanation 

to clause (23 FB) of section 10 of the Income-tax Act, 1961(43 of 1961). 

CHAPTER III 

COMPETITION COMMISSION OF INDIA 

7. Establishment of Commission.—(1) With effect from such date4 as the Central Government may, 
by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called 
the “Competition Commission of India”. 

(2) The Commission shall be a body corporate by the name aforesaid having perpetual succession and 
a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, 
both movable and immovable, and to contract and shall, by the said name, sue or be sued. 

(3) The head office of the Commission shall be at such place* as the Central Government may decide 

from time to time. 

(4) The Commission may establish offices at other places in India. 

1. Subs.by Act 39 of 2007, s. 5, for “may, at his or its option” (w.e.f. 1-6-2011). 
2. Subs. by s. 5, ibid., for “seven days” (w.e.f. 1-6-2011). 
3. Ins. by s. 5, ibid (w.e.f. 1-6-2011). 
  4. 14th October, 2003, vide Notification No. S.O. 1198(E), dated 14th October, 2003. 
* New Delhi, vide Notification NO. S.O. 1198(E), dated 14th October, 2003. 

11 

 
                                                           
 
1[8. Composition of Commission.—(1) The Commission shall consist of a Chairperson and not less 

than two and not more than six other Members to be appointed by the Central Government. 

(2) The Chairperson and every other Member shall be a person of ability, integrity and standing and 
who  has  special  knowledge  of,  and  such  professional  experience  of  not  less  than  fifteen  years  in, 
international  trade,  economics,  business,  commerce,  law,  finance,  accountancy,  management,  industry, 
public affairs or competition matters, including competition law and policy, which in the opinion of the 
Central Government, may be useful to the Commission. 

(3) The Chairperson and other Members shall be whole-time Members.] 

2[9.  Selection  Committee  for  Chairperson  and  Members  of  Commission.—(1)  The  Chairperson 
and  other  Members  of  the  Commission  shall  be  appointed  by  the  Central  Government  from  a  panel  of 
names recommended by a Selection Committee consisting of— 

(a) the Chief Justice of India or his nominee……..Chairperson; 

(b) the Secretary in the Ministry of Corporate Affairs………Member; 

(c) the Secretary in the Ministry of Law and Justice……….Member; 

(d)  two  experts  of  repute  who  have  special  knowledge  of,  and  professional  experience  in 
international  trade,  economics,  business,  commerce,  law,  finance,  accountancy,  management, 
industry, public affairs or competition matters including competition law and policy……….Members. 

(2) The term of the Selection Committee and the manner of selection of panel of names shall be such 

as may be prescribed.] 

10.  Term  of  office  of  Chairperson  and  other  Members.—(1)  The  Chairperson  and  every  other 
Member shall hold office as such for a term of five years from the date on which he enters upon his office 
and shall be eligible for re-appointment: 

3[Provided that the Chairperson or other Members shall not hold office as such after he has attained 

the age of sixty-five years.] 

(2) A vacancy caused by the resignation or removal of the Chairperson or any other Member under 
section 11 or by death or otherwise shall be filled by fresh appointment in accordance with the provisions 
of sections 8 and 9. 

(3)  The  Chairperson  and  every  other  Member  shall,  before  entering  upon  his  office,  make  and 
subscribe to an oath of office and of secrecy in such form, manner and before such authority, as may be 
prescribed. 

(4) In the event of the occurrence of a vacancy in the office of the Chairperson by reason of his death, 
resignation or otherwise, the senior-most Member shall act as the Chairperson, until the date on which a 
new  Chairperson,  appointed  in  accordance  with  the  provisions  of  this  Act  to  fill  such  vacancy,  enters 
upon his office. 

(5) When the Chairperson is unable to discharge his functions owing to absence, illness or any other 
cause, the senior-most Member shall discharge the functions of the Chairperson until the date on which 
the Chairperson resumes the charge of his functions. 

11.  Resignation,  removal  and  suspension  of  Chairperson  and  other  Members.—(1)  The 
Chairperson  or  any  other  Member  may,  by  notice  in  writing  under  his  hand  addressed  to  the  Central 
Government, resign his office: 

Provided that the Chairperson or a Member shall, unless he is permitted by the Central Government to 
relinquish  his  office  sooner,  continue  to  hold  office  until  the  expiry  of  three  months  from  the  date  of 
receipt of such notice or until a person duly appointed as his successor enters upon his office or until the 
expiry of his term of office, whichever is the earliest. 

1. Subs. by Act 39 of 2007, s. 6, for s. 8 (w.e.f. 12-10-2007). 
2. Subs. by s. 7, ibid., for s. 9 (w.e.f. 12-10-2007). 
3. Subs. by s. 8, ibid., for the proviso (w.e.f. 12-10-2007). 

12 

 
 
                                                           
(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  Central  Government  may,  by  order, 
remove the Chairperson or any other Member from his office if such Chairperson or Member, as the case 
may be,— 

(a) is, or at any time has been, adjudged as an insolvent; or 

(b) has engaged at any time, during his term of office, in any paid employment; or 

(c) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as 

a Member; or 

(e)  has  so  abused  his  position  as  to  render  his  continuance  in  office  prejudicial  to  the  public 

interest; or 

(f) has become physically or mentally incapable of acting as a Member. 

(3)  Notwithstanding  anything  contained  in  sub-section  (2),  no  Member  shall  be  removed  from  his 
office on the ground specified in clause (d) or clause (e) of that sub-section unless the Supreme Court, on 
a reference being made to it in this behalf by the Central Government, has, on an inquiry, held by it in 
accordance with such procedure as may be prescribed in this behalf by the Supreme Court, reported that 
the Member, ought on such ground or grounds to be removed. 

12.  Restriction  on  employment  of  Chairperson  and  other  Members  in  certain  cases.—The 
Chairperson and other Members shall not, for a period of 1[two years] from the date on which they cease 
to hold office, accept any employment in, or connected with the management or administration of, any 
enterprise which has been a party to a proceeding before the Commission under this Act: 

Provided  that  nothing  contained  in  this  section  shall  apply  to  any  employment  under  the  Central 
Government  or  a  State  Government  or  local  authority  or  in  any  statutory  authority  or  any  corporation 
established  by  or  under  any  Central,  State  or  Provincial  Act  or  a  Government  company  as  defined  in 
section 617 of the Companies Act, 1956 (1 of 1956). 

2[13.  Administrative  powers  of  Chairperson.—The Chairperson  shall  have  the  powers  of  general 

superintendence, direction and control in respect of all administrative matters of the Commission: 

Provided that the Chairperson may delegate such of his powers relating to administrative matters of 

the Commission, as he may think fit, to any other Member or officer of the Commission.] 

14. Salary and allowances and other terms and conditions of service of Chairperson and other 
Members.—(1) The salary, and the other terms and conditions of service, of the Chairperson and other 
Members,  including  travelling  expenses,  house  rent  allowance  and  conveyance  facilities,  sumptuary 
allowance and medical facilities shall be such as may be prescribed. 

(2) The salary, allowances and other terms and conditions of service of the Chairperson or a Member 

shall not be varied to his disadvantage after appointment. 

15.  Vacancy,  etc.,  not  to  invalidate  proceedings  of  Commission.—No  act  or  proceeding  of  the 

Commission shall be invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Commission; or 

(b) any defect in the appointment of a person acting as a Chairperson or as a Member; or 

(c) any irregularity in the procedure of the Commission not affecting the merits of the case. 

16.  Appointment  of  Director  General,  etc.—3[(1)  The  Central  Government  may,  by  notification, 
appoint  a  Director  General  for  the  purposes  of  assisting  the  Commission  in  conducting  inquiry  into 
contravention of any of the provisions of this Act and for performing such other functions as are, or may 
be, provided by or under this Act. 

1. Subs. by Act 39 of 2007, s. 9, for “one year” (w.e.f.12-10-2007). 
2. Subs. by s. 10, ibid., for section 13 (w.e.f. 20-5-2009). 
3. Subs. by Act 39 of 2007, s. 11, for sub-section (1) (w.e.f. 12-10-2007). 

13 

 
                                                           
(1A) The number of other Additional, Joint, Deputy or Assistant Directors General or such officers or 
other  employees  in  the  office  of  Director  General  and  the  manner  of  appointment  of  such  Additional, 
Joint, Deputy or Assistant Directors General or such officers or other employees shall be such as may be 
prescribed.] 

(2)  Every  Additional,  Joint,  Deputy  and  Assistant  Directors  General  or  1[such  officers  or  other 
employees,]  shall  exercise  his  powers,  and  discharge  his  functions,  subject  to  the  general  control, 
supervision and direction of the Director General. 

(3)  The  salary,  allowances  and  other  terms  and  conditions  of  service  of  the  Director  General  and 
Additional, Joint, Deputy and Assistant Directors General or, 1[such officers or other employees,] shall be 
such as may be prescribed. 

(4)  The  Director  General  and  Additional,  Joint,  Deputy  and  Assistant  Directors  General  or  1[such 
officers or other employees,] shall be appointed from amongst persons of integrity and outstanding ability 
and who have experience in investigation, and knowledge of accountancy, management, business, public 
administration, international trade, law or economics and such other qualifications as may be prescribed. 

2[17.  Appointment  of  Secretary,  experts,  professionals  and  officers  and  other  employees  of 
Commission.—(1) The Commission may appoint a Secretary and such officers and other employees as it 
considers necessary for the efficient performance of its functions under this Act. 

(2) The salaries and allowances payable to, and other terms and conditions of service of, the Secretary 
and  officers  and  other  employees  of  the  Commission  and  the  number  of  such  officers  and  other 
employees shall be such as may be prescribed. 

(3)  The  Commission  may  engage,  in  accordance  with  the  procedure  specified  by  regulations,  such 
number of experts and professionals of integrity and outstanding ability, who have special knowledge of, 
and experience in, economics, law, business or such other disciplines related to competition, as it deems 
necessary to assist the Commission in the discharge of its functions under this Act.] 

CHAPTER IV 

DUTIES, POWERS AND FUNCTIONS OF COMMISSION 

18.  Duties  of  Commission.—Subject  to  the  provisions  of  this  Act,  it  shall  be  the  duty  of  the 
Commission  to  eliminate  practices  having  adverse  effect  on  competition,  promote  and  sustain 
competition,  protect  the  interests  of  consumers  and  ensure  freedom  of  trade  carried  on  by  other 
participants, in markets in India: 

Provided  that  the  Commission  may,  for  the  purpose  of  discharging  its  duties  or  performing  its 
functions  under  this  Act,  enter  into  any  memorandum  or  arrangement  with  the  prior  approval  of  the 
Central Government, with any agency of any foreign country. 

19. Inquiry into certain agreements and dominant position of enterprise.—(1) The Commission 
may inquire into any alleged contravention of the provisions contained in sub-section (1) of section 3 or 
sub-section (1) of section 4 either on its own motion or on— 

(a)  3[receipt  of  any  information,  in  such  manner  and]  accompanied  by  such  fee  as  may  be 

determined by regulations, from any person, consumer or their association or trade association; or 

(b)  a  reference  made  to  it  by  the  Central  Government  or  a  State  Government  or  a  statutory 

authority. 

(2) Without prejudice to the provisions contained in sub-section (1), the powers and functions of the 

Commission shall include the powers and functions specified in sub-sections (3) to (7). 

(3) The Commission shall, while determining whether an agreement has an appreciable adverse effect 

on competition under section 3, have due regard to all or any of the following factors, namely:— 

(a) creation of barriers to new entrants in the market; 

1. Subs. by s. 11, ibid., for “such other advisers, consultants and officers,” (w.e.f. 12-10-2007). 
2. Subs. by s. 12, ibid., for section 17 (w.e.f. 12-10-2007). 
3. Subs. by s. 13, ibid., for “receipt of a complaint” (w.e.f. 20-5-2009). 

14 

 
                                                           
(b) driving existing competitors out of the market; 

(c) foreclosure of competition by hindering entry into the market; 

(d) accrual of benefits to consumers; 

(e) improvements in production or distribution of goods or provision of services; 

(f)  promotion  of  technical,  scientific  and  economic  development  by  means  of  production  or 

distribution of goods or provision of services. 

(4) The Commission shall, while inquiring whether an enterprise enjoys a dominant position or not 

under section 4, have due regard to all or any of the following factors, namely:— 

(a) market share of the enterprise; 

(b) size and resources of the enterprise; 

(c) size and importance of the competitors; 

(d) economic power of the enterprise including commercial advantages over competitors; 

(e) vertical integration of the enterprises or sale or service network of such enterprises; 

(f) dependence of consumers on the enterprise; 

(g)  monopoly  or  dominant  position  whether  acquired  as  a  result  of  any  statute  or  by  virtue  of 

being a Government company or a public sector undertaking or otherwise; 

(h) entry barriers including barriers such as regulatory barriers, financial risk, high capital cost of 
entry, marketing entry barriers, technical entry barriers, economies of scale, high cost of substitutable 
goods or service for consumers; 

(i) countervailing buying power; 

(j) market structure and size of market; 

(k) social obligations and social costs; 

(l) relative advantage, by way of the contribution to the economic development, by the enterprise 

enjoying a dominant position having or likely to have an appreciable adverse effect on competition; 

(m) any other factor which the Commission may consider relevant for the inquiry. 

(5) For determining whether a market constitutes a “relevant market” for the purposes of this Act, the 

Commission shall have due regard to the “relevant geographic market’’ and “relevant product market”. 

(6) The Commission shall, while determining the “relevant geographic market”, have due regard to 

all or any of the following factors, namely:— 

(a) regulatory trade barriers; 

(b) local specification requirements; 

(c) national procurement policies; 

(d) adequate distribution facilities; 

(e) transport costs; 

(f) language; 

(g) consumer preferences; 

(h) need for secure or regular supplies or rapid after-sales services. 

(7) The Commission shall, while determining the “relevant product market”, have due regard to all or 

any of the following factors, namely:— 

(a) physical characteristics or end-use of goods; 

(b) price of goods or service; 

15 

 
(c) consumer preferences; 

(d) exclusion of in-house production; 

(e) existence of specialised producers; 

(f) classification of industrial products. 

20.  Inquiry  into  combination  by  Commission.—(1)  The  Commission  may,  upon  its  own 
knowledge  or  information  relating  to  acquisition  referred  to  in  clause  (a)  of  section  5  or  acquiring  of 
control referred to in clause (b) of section 5 or merger or amalgamation referred to in clause (c) of that 
section, inquire into whether such a combination has caused or is likely to cause an appreciable adverse 
effect on competition in India: 

Provided that the Commission shall not initiate any inquiry under this sub-section after the expiry of 

one year from the date on which such combination has taken effect. 

(2)  The  Commission  shall,  on  receipt  of  a  notice  under  sub-section  (2)  of  section  6  1***,  inquire 
whether  a  combination  referred  to  in  that  notice  or  reference  has  caused  or  is  likely  to  cause  an 
appreciable adverse effect on competition in India. 

(3) Notwithstanding anything contained in section 5, the Central Government shall, on the expiry of a 
period  of  two  years  from  the  date  of  commencement  of  this  Act  and  thereafter  every  two  years,  in 
consultation with the Commission, by notification, enhance or reduce, on the basis of the wholesale price 
index or fluctuations in exchange rate of rupee or foreign currencies, the value of assets or the value of 
turnover, for the purposes of that section. 

(4) For the purposes of determining whether a combination would have the effect of or is likely to 
have an appreciable adverse effect on competition in the relevant market, the Commission shall have due 
regard to all or any of the following factors, namely:— 

(a) actual and potential level of competition through imports in the market; 

(b) extent of barriers to entry into the market; 

(c) level of combination in the market; 

(d) degree of countervailing power in the market; 

(e)  likelihood that the  combination  would result  in  the  parties  to  the  combination  being  able  to 

significantly and sustainably increase prices or profit margins; 

(f) extent of effective competition likely to sustain in a market; 

(g) extent to which substitutes are available or arc likely to be available in the market; 

(h)  market  share,  in  the  relevant  market,  of  the  persons  or  enterprise  in  a  combination, 

individually and as a combination; 

(i)  likelihood  that  the  combination  would  result  in  the  removal  of  a  vigorous  and  effective 

competitor or competitors in the market; 

(j) nature and extent of vertical integration in the market; 

(k) possibility of a failing business; 

(l) nature and extent of innovation; 

1. The words, brackets and figures “or upon receipt of a reference under sub-section (1) of section 21” omitted by Act 39 of 

2007, s. 14 (w.e.f. 1-6-2011). 

16 

 
 
 
                                                           
(m)  relative  advantage,  by  way  of  the  contribution  to  the  economic  development,  by  any 

combination having or likely to have appreciable adverse effect on competition; 

(n) whether the benefits of the combination outweigh the adverse impact  of the combination, if 

any. 

21. Reference by statutory authority.—(1) Where in the course of a proceeding before any statutory 
authority  an  issue  is  raised  by  any  party  that  any  decision  which  such  statutory  authority  has  taken  or 
proposes  to  take,  is  or  would  be,  contrary  to  any  of  the  provisions  of  this  Act,  then  such  statutory 
authority may make a reference in respect of such issue to the Commission: 

1[Provided that any statutory authority, may, suo motu, make such a reference to the Commission.] 

2[(2) On receipt of a reference under sub-section (1), the Commission shall give its opinion, within 
sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the 
Commission  and  thereafter,  give  its  findings  recording  reasons  therefor  on  the  issues  referred  to  in  the 
said opinion.] 

3[21A. Reference by Commission.—(1) Where in the course of a proceeding before the Commission 
an issue is raised by any party that any decision which, the Commission has taken during such proceeding 
or  proposes  to  take,  is  or  would  be  contrary  to  any  provision  of  this  Act  whose  implementation  is 
entrusted to a statutory authority, then the Commission may make a reference in respect of such issue to 
the statutory authority: 

Provided that the Commission, may, suo motu, make such a reference to the statutory authority. 

(2)  On  receipt  of  a  reference  under  sub-section  (1),  the  statutory  authority  shall  give  its  opinion, 
within sixty days of receipt of such reference, to the Commission which shall consider the opinion of the 
statutory authority, and thereafter give its findings recording reasons therefor on the issues referred to in 
the said opinion.] 

4[22. Meetings of Commission.—(1) The Commission shall meet at such times and such places, and 
shall observe such rules of procedure in regard to the transaction of business at its meetings as may be 
provided by regulations. 

(2) The Chairperson, if for any reason, is unable to attend a meeting of the Commission, the senior-

most Member present at the meeting, shall preside at the meeting. 

(3)  All  questions  which  come  up  before  any  meeting  of  the  Commission  shall  be  decided  by  a 
majority of the Members present and voting, and in the event of an equality of votes, the Chairperson or 
in his absence, the Member presiding, shall have a second or casting vote: 

Provided that the quorum for such meeting shall be three Members.] 

23.  [Distribution  of  business  of  Commission  amongst  Benches.]  Omitted  by  the  Competition 

(Amendment) Act, 2007 (39 of 2007), s. 18 (w.e.f. 12-10-2007)]. 

24.  [Procedure  for  deciding  a  case  where  Members  of  a  Bench  differ.]  Omitted  by  s.  18,  ibid.            

(w.e.f. 12-10-2007)]. 

25. [Jurisdiction of Bench.] Omitted by s. 18, ibid. (w.e.f. 12-10-2007)]. 

5[26.  Procedure  for  inquiry  under  section  19.—(1)  On  receipt  of  a  reference  from  the  Central 
Government  or  a  State  Government  or  a  statutory  authority  or  on  its  own  knowledge  or  information 
received under section 19, if the Commission is of the opinion that there exists a prima facie case, it shall 
direct the Director General to cause an investigation to be made into the matter: 

1. The proviso ins. by Act 39 of 2007, s. 15 (w.e.f. 20-5-2009). 
2. Subs. by s. 15, ibid., for sub-section (2) (w.e.f. 20-5-2009). 
3. Ins. by s. 16, ibid., (w.e.f. 20-5-2009). 
4. Subs. s. 17, ibid., for section 22 (w.e.f. 12-10-2007). 
5. Subs. by s. 19, ibid., for section 26 (w.e.f. 20-5-2009). 

17 

 
 
 
                                                           
Provided that if the subject matter of an information received is, in the opinion of the Commission, 
substantially  the  same  as  or  has  been  covered  by  any  previous  information  received,  then  the  new 
information may be clubbed with the previous information. 

(2)  Where  on  receipt  of  a  reference  from  the  Central  Government  or  a  State  Government  or  a 
statutory authority or information received under section 19, the Commission is of the opinion that there 
exists no prima facie case, it shall close the matter forthwith and pass such orders as it deems fit and send 
a copy of its order to the Central Government or the State Government or the statutory authority or the 
parties concerned, as the case may be. 

(3) The Director General shall, on receipt of direction under sub-section (1), submit a report on his 

findings within such period as may be specified by the Commission. 

(4)  The  Commission  may  forward  a  copy  of  the  report  referred  to  in  sub-section  (3)  to  the  parties 

concerned: 

Provided  that  in  case  the  investigation  is  caused  to  be  made  based  on  reference  received  from  the 
Central Government or the State Government or the statutory authority, the Commission shall forward a 
copy of the report referred to in sub-section (3) to the Central Government or the State Government or the 
statutory authority, as the case may be. 

(5)  If  the  report  of  the  Director  General  referred  to  in  sub-section  (3)  recommends  that  there  is  no 
contravention of the provisions of this Act, the Commission shall invite objections or suggestions from 
the Central Government or the State Government or the statutory authority or the parties concerned, as the 
case may be, on such report of the Director General. 

(6)  If,  after  consideration of  the  objections  or suggestions  referred to  in  sub-section  (5),  if  any,  the 
Commission agrees with the recommendation of the Director General, it shall close the matter forthwith 
and pass such orders as it deems fit and communicate its order to the Central Government or the State 
Government or the statutory authority or the parties concerned, as the case may be. 

(7)  If,  after  consideration of  the  objections or suggestions  referred to  in  sub-section  (5),  if  any,  the 
Commission is of the opinion that further investigation is called for, it may direct further investigation in 
the matter by the Director General or cause further inquiry to be made in the matter or itself proceed with 
further inquiry in the matter in accordance with the provisions of this Act. 

(8)  If  the  report  of  the  Director  General  referred  to  in  sub-section  (3)  recommends  that  there  is 
contravention  of  any  of  the  provisions  of  this  Act,  and  the  Commission  is  of  the  opinion  that  further 
inquiry is called for, it shall inquire into such contravention in accordance with the provisions of this Act.] 

27.  Orders  by  Commission  after  inquiry  into  agreements  or  abuse  of  dominant  position.—
Where  after  inquiry  the  Commission  finds  that  any  agreement  referred  to  in  section  3  or  action  of  an 
enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may 
pass all or any of the following orders, namely:— 

(a) direct any enterprise or association of enterprises or person or association of persons, as the 
case  may  be,  involved in such  agreement,  or abuse  of  dominant  position, to  discontinue  and  not to         
re-enter such agreement or discontinue such abuse of dominant position, as the case may be; 

(b)  impose  such  penalty,  as  it  may  deem  fit  which  shall  be  not  more  than  ten  per  cent.  of  the 
average  of  the  turnover  for  the  last  three  preceding  financial  years,  upon  each  of  such  person  or 
enterprises which are parties to such agreements or abuse: 

1[Provided that in case any agreement referred to in section 3 has been entered into by a cartel, 
the  Commission  may  impose  upon  each  producer,  seller,  distributor,  trader  or  service  provider 
included in that cartel, a penalty of up to three times of its profit for each year of the continuance of 
such agreement or ten per cent. of its turnover for each year of the continuance of such agreement, 
whichever is higher.] 

2* 

* 

* 

* 

* 

1. Subs. by Act 39 of 2007, s. 20, for the proviso (w.e.f. 20-5-2009). 
2. Cl. (c) omitted by s. 20, ibid. (w.e.f. 20-5-2009) 

18 

 
 
 
 
 
 
 
 
                                                           
(d)  direct  that  the  agreements  shall  stand  modified  to  the  extent  and  in  the  manner  as  may  be 

specified in the order by the Commission; 

(e)  direct the  enterprises  concerned to abide  by  such  other orders  as  the  Commission  may  pass 

and comply with the directions, including payment of costs, if any; 

* 

* 

* 

1* 
(g) pass such other 2[order or issue such directions] as it may deem fit: 
3[Provided  that  while  passing  orders  under  this  section,  if  the  Commission  comes  to  a  finding, 
that  an  enterprise  in  contravention  to  section  3  or  section  4  of  the  Act  is  a  member  of  a  group  as 
defined in clause (b) of the Explanation to section 5 of the Act, and other members of such a group 
are also responsible for, or have contributed to, such a contravention, then it may pass orders, under 
this section, against such members of the group.] 
28.  Division  of  enterprise  enjoying  dominant  position.—(1)  The  4[Commission]  may, 
notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  by  order  in  writing, 
direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse 
its dominant position. 

* 

(2) In particular, and without prejudice to the generality of the foregoing powers, the order referred to 

in sub-section (1) may provide for all or any of the following matters, namely:— 

(a) the transfer or vesting of property, rights, liabilities or obligations; 

(b) the adjustment of contracts either by discharge or reduction of any liability or obligation or 

otherwise; 

(c) the creation, allotment, surrender or cancellation of any shares, stocks or securities; 
5* 
(e)  the  formation  or  winding  up  of  an  enterprise  or  the  amendment  of  the  memorandum  of 
association  or  articles  of  association  or  any  other  instruments  regulating  the  business  of  any 
enterprise; 

* 

* 

* 

* 

(f)  the  extent  to  which,  and  the  circumstances  in  which,  provisions  of  the  order  affecting  an 

enterprise may be altered by the enterprise and the registration thereof; 

(g) any other matter which may be necessary to give effect to the division of the enterprise. 

(3) Notwithstanding anything contained in any other law for the time being in force or in any contract 
or in any memorandum or articles of association, an officer of a company who ceases to hold office as 
such in consequence of the division of an enterprise shall not be entitled to claim any compensation for 
such cesser. 

29.  Procedure  for  investigation  of  combinations.—(1)  Where  the  Commission  is  of  the  6[prima 
facie]  opinion  that  a  combination  is  likely  to  cause,  or  has  caused  an  appreciable  adverse  effect  on 
competition  within  the  relevant  market  in  India,  it  shall  issue  a  notice  to  show  cause  to  the  parties  to 
combination  calling  upon  them  to  respond  within  thirty  days  of  the  receipt  of  the  notice,  as  to  why 
investigation in respect of such combination should not be conducted. 

7[(1A)  After  receipt  of  the  response  of  the  parties  to  the  combination  under  sub-section  (1),  the 
Commission may call for a report from the Director General and such report shall be submitted by the 
Director General within such time as the Commission may direct.] 

(2) The Commission, if it is prima facie of the opinion that the combination has, or is likely to have, 
an appreciable adverse effect on competition, it shall, within seven working days from the date of receipt  

1. Cl. (f) omitted by Act 39 of 2007, s. 20 (w.e.f. 20-5-2009). 
2. Subs. by s. 20, ibid., for “order” (w.e.f. 20-5-2009). 
3. The Proviso inserted by s.20, ibid. (w.e.f. 20-5-2009). 
4. Subs. by s. 21, ibid., for “Central Government, on recommendation under clause (f) of section 27” (w.e.f. 20-5-2009). 
5. Cl. (d) omitted by s. 21, ibid. (w.e.f. 20-5-2009). 
6. Ins. by s. 22, ibid. (w.e.f. 1-6-2011). 
7. Ins. by s. 22, ibid. (w.e.f. 1-6-2011). 

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
 
of the response of the parties to the combination 1[or the receipt of the report from Director General called 
under sub section (1A), whichever is later], direct the parties to the said combination to publish details of 
the combination within ten working days of such direction, in such manner, as it thinks appropriate, for 
bringing the combination to the knowledge or information of the public and persons affected or likely to 
be affected by such combination. 

(3) The Commission may invite any person or member of the public, affected or likely to be affected 
by  the  said  combination,  to  file  his  written  objections,  if  any,  before  the  Commission  within  fifteen 
working days from the date on which the details of the combination were published under sub-section (2). 

(4)  The  Commission  may,  within  fifteen  working  days  from  the  expiry  of  the  period  specified  in           

sub-section (3), call for such additional or other information as it may deem fit from the parties to the said 
combination. 

(5) The additional or other information called for by the Commission shall be furnished by the parties 
referred to in sub-section (4) within fifteen days from the expiry of the period specified in sub-section (4). 

(6) After receipt of all information and within a period of forty-five working days from the expiry of 
the period specified in sub-section (5), the Commission shall proceed to deal with the case in accordance 
with the provisions contained in section 31. 

 2[30.  Procedure  in  case  of  notice  under  sub-section  (2)  of  section  6.—Where  any  person  or 
enterprise  has  given  a  notice  under  sub-section  (2)  of  section  6,  the  Commission  shall  examine  such 
notice and form its prima facie opinion as provided in sub-section (1) of section 29 and proceed as per 
provisions contained in that section.] 

31. Orders of Commission on certain combinations.—(1) Where the Commission is of the opinion 
that any combination does not, or is not likely to, have an appreciable adverse effect on competition, it 
shall, by order, approve that combination including the combination in respect of which a notice has been 
given under sub-section (2) of section 6. 

(2)  Where  the  Commission  is  of  the  opinion  that  the  combination  has,  or  is  likely  to  have,  an 

appreciable adverse effect on competition, it shall direct that the combination shall not take effect. 

(3)  Where  the  Commission  is  of  the  opinion  that  the  combination  has,  or  is  likely  to  have,  an 
appreciable  adverse  effect  on  competition  but  such  adverse  effect  can  be  eliminated  by  suitable 
modification  to  such  combination,  it  may  propose  appropriate  modification  to  the  combination,  to  the 
parties to such combination. 

(4) The parties, who accept the modification proposed by the Commission under sub-section (3), shall 

carry out such modification within the period specified by the Commission. 

(5) If the parties to the combination, who have accepted the modification under sub-section (4), fail to 
carry  out  the  modification  within  the  period  specified  by  the  Commission,  such  combination  shall  be 
deemed to have an appreciable adverse effect on competition and the Commission shall deal with such 
combination in accordance with the provisions of this Act. 

(6)  If  the  parties  to  the  combination  do  not  accept  the  modification  proposed  by  the  Commission 
under sub-section (3), such parties may, within thirty working days of the modification proposed by the 
Commission,  submit  amendment  to  the  modification  proposed  by  the  Commission  under  that                    
sub-section. 

(7) If the Commission agrees with the amendment submitted by the parties under sub-section (6), it 

shall, by order, approve the combination. 

(8)  If  the  Commission  does  not  accept  the  amendment  submitted  under  sub  section  (6),  then,  the 
parties shall be allowed a further period of thirty working days within which such parties shall accept the 
modification proposed by the Commission under sub-section (3). 

1. Ins. by Act 39 of 2007, s. 22 (w.e.f. 1-6-2011). 
2. Subs. by s. 23, ibid., for section 30 (w.e.f. 1-6-2011).  

20 

 
                                                           
 
(9) If the parties fail to accept the modification proposed by the Commission within thirty working 

days  referred  to  in  sub-section  (6)  or  within  a  further  period  of  thirty  working  days  referred  to  in               
sub-section (8), the  combination  shall  be  deemed  to  have  an  appreciable  adverse  effect  on  competition 
and be dealt with in accordance with the provisions of this Act. 

(10)  Where  the  Commission  has  directed  under  sub-section  (2)  that  the  combination  shall  not  take 

effect  or  the  combination  is  deemed  to  have  an  appreciable  adverse  effect  on  competition  under                    
sub-section (9), then, without prejudice to any penalty which may be imposed or any prosecution which 
may be initiated under this Act, the Commission may order that— 

(a) the acquisition referred to in clause (a) of section 5; or 

(b) the acquiring of control referred to in clause (b) of section 5; or 

(c) the merger or amalgamation referred to in clause (c) of section 5, 

shall not be given effect to: 

Provided that the Commission may, if it considers appropriate, frame a scheme to implement its order 

under this sub-section. 

(11) If the Commission does not, on the expiry of a period of  1[two hundred and ten days from the 
date  of  notice  given  to  the  Commission  under  sub-section  (2)  of  section  6],  pass  an  order  or  issue 
direction in  accordance  with  the  provisions of  sub-section  (1)  or  sub-section  (2)  or  sub-section  (7),  the 
combination shall be deemed to have been approved by the Commission. 

Explanation.—For the purposes of determining the period of 2[two hundred and ten] days specified in 
this  sub-section,  the  period  of  thirty  working  days  specified  in  sub-section  (6)  and  a  further  period  of 
thirty working days specified in sub- section (8) shall be excluded. 

(12) Where  any  extension of  time  is  sought  by  the  parties  to the combination, the  period of  ninety 

working days shall be reckoned after deducting the extended time granted at the request of the parties. 

(13)  Where  the  Commission  has  ordered  a  combination  to  be  void,  the  acquisition  or  acquiring  of 
control or merger or amalgamation referred to in section 5, shall be dealt with by the authorities under any 
other  law  for  the  time  being  in  force  as  if  such  acquisition  or  acquiring  of  control  or  merger  or 
amalgamation had not taken place and the parties to the combination shall be dealt with accordingly. 

(14) Nothing contained in this Chapter shall affect any proceeding initiated or which may be initiated 

under any other law for the time being in force. 

32.  Acts  taking  place  outside  India  but  having  an  effect  on  competition  in  India.—The 

Commission shall, notwithstanding that,— 

(a) an agreement referred to in section 3 has been entered into outside India; or 

(b) any party to such agreement is outside India; or 

(c) any enterprise abusing the dominant position is outside India; or 

(d) a combination has taken place outside India; or 

(e) any party to combination is outside India; or 

(f) any other matter or practice or action arising out of such agreement or dominant position or 

combination is outside India, 

1.  Subs.  by  Act  39  of  2007,  s.  24,  for  “ninety  working  days  from  the  date  of  publication  referred  to  in                                

sub-section (2) of section 29” (w.e.f. 1-6-2011). 

2. Subs. by s. 24, ibid., for “ninety working” (w.e.f. 1-6-2011). 

21 

 
 
 
                                                           
 
have power to inquire 1[in accordance with the provisions contained in sections 19, 20, 26, 29 and 30 of 
the Act] into such agreement or abuse of dominant position or combination if such agreement or dominant 
position  or  combination  has,  or  is  likely  to  have,  an  appreciable  adverse  effect  on  competition  in  the 
relevant market in India  1[and pass such orders as it may deem fit in accordance with the provisions of 
this Act]. 

2[33. Power to issue interim orders.—Where during an inquiry, the Commission is satisfied that an 
act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 or section 6 has been 
committed and continues to be committed or that such act is about to be committed, the Commission may, 
by order, temporarily restrain any party from carrying on such act until the conclusion of such inquiry or 
until further orders, without giving notice to such party, where it deems it necessary.] 

34.  [Power  to  award  compensation.]  Omitted  by  the  Competition  (Amendment)  Act,  2007                

(39 of 2007) s. 27 (w.e.f. 12-10-2007). 

35.  Appearance  before  Commission.—A  3[person  or  an  enterprise]  or  the  Director  General  may 
either  appear  in  person  or  authorise  one  or  more  chartered  accountants  or  company  secretaries  or  cost 
accountants  or  legal  practitioners  or  any  of  his  or  its  officers  to  present  his  or  its  case  before  the 
Commission. 

Explanation.—For the purposes of this section,— 

(a)  “chartered  accountant”  means  a  chartered  accountant  as  defined  in  clause  (b)  of                        

sub-section  (1)  of  section  2  of  the  Chartered  Accountants  Act,  1949  (38  of  1949)  and  who  has 
obtained a certificate of practice under sub-section (1) of section 6 of that Act; 

(b) “company secretary” means a company secretary as defined in clause (c) of sub-section (1) of 
section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of 
practice under sub-section (1) of section 6 of that Act; 

(c)  “cost  accountant”  means  a  cost  accountant  as  defined  in  clause  (b)  of  sub-section  (1)  of 
section  2  of  the  Cost  and  Works  Accountants  Act,  1959  (23  of  1959)  and  who  has  obtained  a 
certificate of practice under sub- section (1) of section 6 of that Act; 

(d) “legal practitioner” means an advocate, vakil or an attorney of any High Court, and includes a 

pleader in practice. 

4[36. Power of Commission to regulate its own procedure.—(1) In the discharge of its functions, 
the Commission shall be guided by the principles of natural justice and, subject to the other provisions of 
this  Act  and  of  any  rules  made  by  the  Central  Government,  the  Commission  shall  have  the  powers  to 
regulate its own procedure. 

(2) The Commission shall have, for the purposes of discharging its functions under this Act, the same 
powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a 
suit, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavit; 

(d) issuing commissions for the examination of witnesses or documents; 

(e) requisitioning, subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 
1872 (1 of 1872), any public record or document or copy of such record or document from any office. 

(3)  The  Commission  may  call  upon  such  experts,  from  the  fields  of  economics,  commerce, 
accountancy,  international  trade  or  from  any  other  discipline  as  it  deems  necessary,  to  assist  the 
Commission in the conduct of any inquiry by it. 

1. Ins. by Act 39 of 2007, s. 25 (w.e.f. 20-5-2009). 
2. Subs. by s. 26, ibid., for section 33 (w.e.f. 20-5-2009). 
3. Subs. by s. 28, ibid., for “complainant or defendant” (w.e.f. 20-5-2009). 
4. Subs. by s. 29, ibid., for section 36 (w.e.f. 12-10-2007). 

22 

 
                                                           
(4) The Commission may direct any person— 

(a) to  produce  before the Director  General or the  Secretary  or  an  officer authorised  by  it, such 
books or other documents in the custody or under the control of such person so directed as may be 
specified  or  described  in  the  direction,  being  documents  relating  to  any  trade,  the  examination  of 
which may be required for the purposes of this Act; 

(b)  to  furnish  to  the  Director  General  or  the  Secretary  or  any  other  officer  authorised  by  it,  as 
respects the trade or such other information as may be in his possession in relation to the trade carried 
on by such person as may be required for the purposes of this Act.] 

37.  [Review  of  orders  of  Commission.]  Omitted  by  the  Competition  (Amendment)  Act,  2007                

(39 of 2007), s. 30 (w.e.f. 12-10-2007). 

38. Rectification of orders.—(1) With a view to rectifying any mistake apparent from the record, the 

Commission may amend any order passed by it under the provisions of this Act. 

(2) Subject to the other provisions of this Act, the Commission may make— 

(a) an amendment under sub-section (1) of its own motion; 

(b)  an  amendment  for  rectifying  any  such  mistake  which  has  been  brought  to  its  notice  by  any 

party to the order. 

Explanation.—For  the  removal  of  doubts,  it  is  hereby  declared  that  the  Commission  shall  not, 
while rectifying any mistake apparent from record, amend substantive part of its order passed under 
the provisions of this Act. 

1[39. Execution of orders of Commission imposing monetary penalty.—(1) If a person fails to pay 
any  monetary  penalty  imposed  on  him  under  this  Act,  the  Commission  shall  proceed  to  recover  such 
penalty in such manner as may be specified by the regulations. 

(2) In a case where the Commission is of the opinion that it would be expedient to recover the penalty 
imposed under this Act in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961), it 
may make a reference to this effect to the concerned income-tax authority under that Act for recovery of 
the penalty as tax due under the said Act. 

(3)  Where  a  reference  has  been  made  by  the  Commission  under  sub-section  (2)  for  recovery  of 
penalty,  the  person  upon  whom  the  penalty  has  been  imposed  shall  be  deemed  to  be  the  assessee  in 
default under the Income-tax Act, 1961 (43 of 1961) and the provisions contained in sections 221 to 227, 
228A, 229, 231 and 232 of the said Act and the Second Schedule to that Act and any rules made there 
under shall, in so far as may be, apply as if the said provisions were the provisions of this Act and referred 
to sums by way of penalty imposed under this Act instead of to income- tax and sums imposed by way of 
penalty, fine and interest under the Income–tax Act, 1961 and to the Commission instead of the Assessing 
Officer. 

Explanation 1.—Any reference to sub-section (2) or sub-section (6) of section 220 of the Income-tax 
Act, 1961 (43 of 1961), in the said provisions of that Act or the rules made thereunder shall be construed 
as references to sections 43 to 45 of this Act. 

Explanation  2.—The Tax Recovery  Commissioner  and  the Tax  Recovery  Officer referred  to  in  the 
Income-tax Act, 1961 (43 of 1961) shall be deemed to be the Tax Recovery Commissioner and the Tax 
Recovery  Officer  for  the  purposes  of  recovery  of  sums  imposed  by  way  of  penalty  under  this  Act  and 
reference made by the Commission under sub-section (2) would amount to drawing of a certificate by the 
Tax Recovery Officer as far as demand relating to penalty under this Act. 

Explanation  3.—Any  reference  to  appeal  in  Chapter  XVIID  and  the  Second  Schedule  to  the          

Income-tax  Act,  1961 (43 of  1961),  shall  be construed  as  a  reference to appeal before the  Competition 
Appellate Tribunal under section 53B of this Act.] 

40.  [Appeal.]  Omitted  by  the  Competition  (Amendment)  Act,  2007  (39  of  2007),  s.  32                   

(w.e.f. 12-10-2007) 

1. Subs. by Act 39 of 2007, s. 31, for section 39 (w.e.f. 20-5-2009). 

23 

 
                                                           
CHAPTER V 

DUTIES OF DIRECTOR GENERAL 

41.  Director  General  to  investigate  contraventions.—(1)  The  Director  General  shall,  when  so 
directed  by  the  Commission,  assist  the  Commission  in  investigating  into  any  contravention  of  the 
provisions of this Act or any rules or regulations made thereunder. 

(2)  The  Director  General  shall  have  all  the  powers  as  are  conferred  upon  the  Commission  under            

sub-section (2) of section 36. 

(3) Without prejudice to the provisions of sub-section (2), sections 240 and 240A of the Companies 
Act, 1956 (1 of 1956), so far as may be, shall apply to an investigation made by the Director General or 
any other person investigating under his authority, as they apply to an inspector appointed under that Act. 

1[Explanation.—For the purposes of this section,— 

(a)  the  words  “the  Central  Government”  under  section  240  of  the  Companies  Act,1956                       

(1 of 1956) shall be construed as “the Commission”; 

(b) the word “Magistrate” under section 240A of the Companies Act, 1956 (1 of 1956) shall be 

construed as “the Chief Metropolitan Magistrate, Delhi”.] 

CHAPTER VI 

PENALTIES 

2[42. Contravention of orders of Commission.—(1) The Commission may cause an inquiry to be 

made into compliance of its orders or directions made in exercise of its powers under the Act. 

(2)  If  any  person,  without  reasonable  clause,  fails  to  comply  with  the  orders  or  directions  of  the 
Commission  issued  under sections  27,  28,  31,  32,  33,  42A  and  43A  of the  Act,  he  shall  be  punishable 
with fine which may extend to rupees one lakh for each day during which such non-compliance occurs, 
subject to a maximum of rupees ten crore, as the Commission may determine. 

(3) If any person does not comply with the orders or directions issued, or fails to pay the fine imposed 
under sub-section (2), he shall, without prejudice to any proceeding under section 39, be punishable with 
imprisonment  for  a  term  which  may  extend  to  three  years,  or  with  fine  which  may  extend  to  rupees 
twenty-five crore, or with both, as the Chief Metropolitan Magistrate, Delhi may deem fit: 

Provided that the Chief Metropolitan Magistrate, Delhi shall not take cognizance of any offence under 

this section save on a complaint filed by the Commission or any of its officers authorised by it.] 

3[42A.  Compensation  in case  of  contravention  of orders  of  Commission.—Without  prejudice to 
the provisions of this Act, any person may make an application to the Appellate Tribunal for an order for 
the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by 
such  person  as  a  result  of  the  said  enterprise  violating  directions  issued  by  the  Commission  or 
contravening,  without  any  reasonable  ground,  any  decision  or  order  of  the  Commission  issued  under 
sections  27,  28,  31,  32  and  33  or  any  condition  or  restriction  subject  to  which  any  approval,  sanction, 
direction or exemption in relation to any matter has been accorded, given, made or granted under this Act 
or delaying in carrying out such orders or directions of the Commission.] 

4[43. Penalty for failure to comply with directions of Commission and Director General.—If any 

person fails to comply, without reasonable cause, with a direction given by— 

(a) the Commission under sub-sections (2) and (4) of section 36; or 

(b) the Director General while exercising powers referred to in sub-section (2) of section 41, 

such person shall be punishable with fine which may extend to rupees one lakh for each day during which 
such  failure  continues  subject  to  a  maximum  of  rupees  one  crore,  as  may  be  determined  by  the 
Commission.] 

1. Ins. by Act 39 of 2007, s. 33 (w.e.f. 20-5-2009). 
2. Subs. by s. 34, ibid., for section 42 (w.e.f. 20-5-2009). 
3. Ins. by s. 35, ibid. (w.e.f. 20-5-2009). 
4. Subs. by s. 36, ibid., for section 43 (w.e.f. 20-5-2009). 

24 

 
                                                           
1[43A.  Power  to  impose  penalty  for  non-furnishing  of  information  on  combinations.—If  any 
person  or enterprise  who  fails to  give  notice  to  the  Commission  under  sub-section  (2) of  section 6, the 
Commission shall impose on such person or enterprise a penalty which may extend to one per cent. of the 
total turnover or the assets, whichever is higher, of such a combination.] 

44.  Penalty  for  making  false  statement  or  omission  to  furnish  material  information.—If  any 

person, being a party to a combination,— 

(a) makes a statement which is false in any material particular, or knowing it to be false; or 

(b) omits to state any material particular knowing it to be material, 

such  person  shall  be  liable  to  a  penalty  which  shall  not  be  less  than  rupees  fifty  lakhs  but  which  may 
extend to rupees one crore, as may be determined by the Commission. 

45. Penalty for offences in relation to furnishing of information.—2[(1) Without prejudice to the 
provisions of section 44, if a person, who furnishes or is required to furnish under this Act any particulars, 
documents or any information,— 

(a) makes any statement or furnishes any document which he knows or has reason to believe to 

be false in any material particular; or 

(b) omits to state any material fact knowing it to be material; or 

(c)  wilfully  alters,  suppresses  or  destroys  any  document  which  is  required  to  be  furnished  as 

aforesaid, 

such person shall be punishable with fine which may extend to rupees one crore as may be determined by 
the Commission.] 

(2) Without prejudice to the provisions of sub-section (1), the Commission may also pass such other 

order as it deems fit. 

46.  Power  to  impose  lesser  penalty.—The  Commission  may,  if  it  is  satisfied  that  any  producer, 
seller,  distributor,  trader  or  service  provider  included  in  any  cartel,  which  is  alleged  to  have  violated 
section 3, has made a full and true disclosure in respect of the alleged violations and such disclosure is 
vital, impose upon such producer, seller, distributor, trader or service provider a lesser penalty as it may 
deem fit, than leviable under this Act or the rules or the regulations: 

3[Provided that lesser penalty shall not be imposed by the Commission in cases where the report of 

investigation directed under section 26 has been received before making of such disclosure.] 

Provided  further  that  lesser  penalty  shall  be  imposed  by  the  Commission  only  in  respect  of  a 
producer,  seller,  distributor,  trader  or  service  provider  included  in  the  cartel,  who  4[has]  made  the  full, 
true and vital disclosures under this section: 

5[Provided also that lesser penalty shall not be imposed by the Commission if the person making the 
disclosure  does  not  continue  to  cooperate  with  the  Commission  till  the  completion  of  the  proceedings 
before the Commission.] 

Provided also that the Commission may, if it is satisfied that such producer, seller, distributor, trader 

or service provider included in the cartel had in the course of proceedings,— 

(a) not complied with the condition on which the lesser penalty was imposed by the Commission; 

or 

(b) had given false evidence; or 

(c) the disclosure made is not vital, 

1. Ins. by Act 39 of 2007, s. 37 (w.e.f. 1-6-2011). 
2. Subs. by s. 38, ibid., for sub-section (1) (w.e.f. 20-5-2009). 
3. Sub. by s. 39, ibid., for the first proviso (w.e.f. 20-5-2009). 
4. Subs. by s. 39, ibid., for “first” (w.e.f. 20-5-2009). 
5. The proviso ins. by s. 39, ibid. (w.e.f. 20-5-2009). 

25 

 
                                                           
and  thereupon such  producer,  seller,  distributor, trader  or  service  provider  may  be  tried  for the offence 
with respect to which the lesser penalty was imposed and shall also be liable to the imposition of penalty 
to which such person has been liable, had lesser penalty not been imposed. 

47.  Crediting  sums  realised  by  way  of  penalties  to  Consolidated  Fund  of  India.—All  sums 

realised by way of penalties under this Act shall be credited to the Consolidated Fund of India. 

48.  Contravention  by  companies.—(1)  Where  a  person  committing  contravention  of  any  of  the 
provisions of this Act or of any rule, regulation, order made or direction issued thereunder is a company, 
every person who, at the time the contravention was committed, was in charge of, and was responsible to 
the company for the conduct of the business of the company, as well as the company, shall be deemed to 
be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment  if  he  proves  that  the  contravention  was  committed  without  his  knowledge  or  that  he  had 
exercised all due diligence to prevent the commission of such contravention. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  where  a  contravention  of  any  of  the 
provisions  of  this  Act  or  of  any  rule,  regulation,  order  made  or  direction  issued  thereunder  has  been 
committed  by  a  company  and  it  is  proved  that  the  contravention  has  taken  place  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that contravention and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a)  “company”  means a  body  corporate and  includes a  firm  or  other  association  of  individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

CHAPTER VII 

COMPETITION ADVOCACY 

49.  Competition  Advocacy.—1[(1)  The  Central  Government  may,  in  formulating  a  policy  on 
competition  (including  review  of  laws  related  to  competition)  or  on  any  other  matter,  and  a  State 
Government  may,  in  formulating  a  policy  on  competition  or  on  any  other  matter,  as  the  case  may  be, 
make a reference to the Commission for its opinion on possible effect of such policy on competition and 
on the receipt of such a reference, the Commission shall, within sixty days of making such reference, give 
its opinion to the Central Government, or the State Government, as the case may be, which may thereafter 
take further action as it deems fit.] 

(2) The opinion given by the Commission under sub-section (1) shall not be binding upon the Central 

Government 2[or the State Government, as the case may be,] in formulating such policy. 

(3)  The  Commission  shall  take  suitable  measures  3***  for  the  promotion  of  competition  advocacy, 

creating awareness and imparting training about competition issues. 

CHAPTER VIII 

FINANCE, ACCOUNTS AND AUDIT 

50. Grants by Central Government.—The Central Government may, after due appropriation made 
by  Parliament  by  law  in  this  behalf,  make  to  the  Commission  grants  of  such  sums  of  money  as  the 
Government may think fit for being utilised for the purposes of this Act. 

51.  Constitution  of  Fund.—(1)  There  shall  be  constituted  a  fund  to  be  called  the  “Competition 

Fund” and there shall be credited thereto— 

(a) all Government grants received by the Commission; 

1. Subs. by Act 39 of 2007, s. 40, for sub-section (1) (w.e.f. 12-10-2007). 
2. Ins. by s. 40, ibid. (w.e.f. 12-10-2007). 
3. The words “, as may be prescribed,” omitted by s. 40, ibid. (w.e.f. 12-10-2007). 

26 

 
                                                           
1* 

* 

* 

* 

* 

(c) the fees received under this Act; 

(d) the interest accrued on the amounts referred to in 2[clauses (a) and (c)]. 

(2) The Fund shall be applied for meeting— 

(a)  the  salaries  and  allowances  payable  to  the  Chairperson  and  other  Members  and  the 
administrative  expenses  including  the  salaries,  allowances  and  pension  payable  to  the  Director 
General, Additional, Joint, Deputy or Assistant Directors General, the Registrar and officers and other 
employees of the Commission; 

(b) the other expenses of the Commission in connection with the discharge of its functions and for 

the purposes of this Act. 

(3) The Fund shall be administered by a committee of such Members of the Commission as may be 

determined by the Chairperson. 

(4) The committee appointed under sub-section (3) shall spend monies out of the Fund for carrying 

out the objects for which the Fund has been constituted. 

52.  Accounts  and  audit.—(1)  The  Commission  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts in such form as  may be prescribed by the Central 
Government in consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India 
at such intervals as may be specified by him and any expenditure incurred in connection with such audit 
shall be payable by the Commission to the Comptroller and Auditor-General of India. 

Explanation.—For  the  removal  of  doubts,  it  is  hereby  declared  that  the  orders  of  the  Commission, 
being matters appealable to the  3[Appellate Tribunal or the Supreme Court], shall not be subject to audit 
under this section. 

(3)  The  Comptroller  and  Auditor-General  of  India  and  any  other  person  appointed  by  him  in 
connection with the audit of the accounts of the Commission shall have the same rights, privileges and 
authority in connection with such audit as the Comptroller and Auditor-General of India generally has, in 
connection with the audit of the Government accounts and, in particular, shall have the right to demand 
the  production  of  books,  accounts,  connected  vouchers  and  other  documents  and  papers  and  to  inspect 
any of the offices of the Commission. 

(4) The accounts of the Commission as certified by the Comptroller and Auditor-General of India or 
any other person appointed by him in this behalf together with the audit report thereon shall be forwarded 
annually  to  the  Central  Government  and  that  Government  shall  cause  the  same  to  be  laid  before  each 
House of Parliament. 

53. Furnishing of returns, etc., to Central Government.—(1) The Commission shall furnish to the 
Central Government at such time and in such form and manner as may be prescribed or as the Central 
Government  may  direct,  such  returns  and  statements  and  such  particulars  in  regard  to  any  proposed  or 
existing measures for the promotion of competition advocacy, creating awareness and imparting training 
about competition issues, as the Central Government may, from time to time, require. 

(2)  The  Commission  shall  prepare  once  in  every  year,  in  such  form  and  at  such  time  as  may  be 
prescribed, an annual report giving a true and full account of its activities during the previous year and 
copies of the report shall be forwarded to the Central Government. 

(3)  A  copy  of  the  report  received  under  sub-section  (2)  shall  be  laid,  as  soon  as  may  be  after  it  is 

received, before each House of Parliament. 

1. Cl. (b) omitted by Act 39 of 2007, s. 41 (w.e.f. 12-10-2007). 
2. Subs. by s. 41, ibid., for “clauses (a) to (c)” (w.e.f. 12-10-2007). 
3. Subs. by s. 42, ibid., for “Supreme Court” (w.e.f. 12-10-2007). 

27 

 
 
 
 
 
 
 
 
 
 
                                                           
1[CHAPTER VIIIA 

2[APPELLATE TRIBUNAL] 

3[  4[53A.  Appellate  Tribunal.—The  National  Company  Law  Appellate  Tribunal  constituted  under 
section 410 of the Companies Act, 2013 ( 18 of 2013) shall, on and from the commencement of Part XIV 
of Chapter VI of the Finance Act, 2017 (7 of 2017), be the Appellate Tribunal for the purposes of this Act 
and the said Appellate Tribunal shall—  

(a) hear and dispose of appeals against any direction issued or decision made or order passed by 
the  Commission  under  sub-sections  (2)  and  (6)  of  section  26,  section  27,  section  28,  section  31, 
section  32,  section  33,  section  38,  section  39,  section  43,  section  43A,  section  44,  section  45  or 
section 46 of this Act; and  

(b) adjudicate on claim for compensation that may arise from the findings of the Commission or 
the  orders  of  the  Appellate  Tribunal  in  an  appeal  against  any  finding  of  the  Commission  or  under 
section 42A or under sub-section (2) of section 53Q of this Act, and pass orders for the recovery of 
compensation under section 53N of this Act.] 

553B. Appeal to Appellate Tribunal.—(1) The Central Government or the State Government or a 
local  authority  or  enterprise  or  any  person,  aggrieved  by  any  direction,  decision  or  order  referred  to  in 
clause (a) of section 53A may prefer an appeal to the Appellate Tribunal. 

(2) Every appeal under sub-section (1) shall be filed within a period of sixty days from the date on 
which a copy of the direction or decision or order made by the Commission is received by the Central 
Government or the State Government or a local authority or enterprise or any person referred to in that 
sub-section and it shall be in such form and be accompanied by such fee as may be prescribed: 

Provided  that  the  Appellate  Tribunal  may  entertain  an  appeal  after the  expiry  of  the  said  period  of 

sixty days if it is satisfied that there was sufficient cause for not filing it within that period. 

(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties 
to  the  appeal,  an  opportunity  of  being  heard,  pass  such  orders  thereon  as  it  thinks  fit,  confirming, 
modifying or setting aside the direction, decision or order appealed against. 

(4) The Appellate Tribunal shall send a copy of every order made by it to the Commission and the 

parties to the appeal. 

(5) The appeal filed before the Appellate Tribunal under sub-section (1) shall be dealt with by it as 
expeditiously as possible and endeavour shall be made by it to dispose of the appeal within six months 
from the date of receipt of the appeal. 

653C. [Composition of Appellate Tribunal.] Omitted by the Finance Act, 2017 (7 of 2017), s. 171 

(w.e.f. 26-5-2017). 

 653D.  [Qualifications  for  appointment  of  Chairperson  and  Members  of  Appellate  Tribunal.] 

Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 

653E. [Selection Committee.] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 

653F. [Term  of office  of Chairperson  and Members  of  Appellate  Tribunal.]  Omitted  by  s.  171, 

ibid. (w.e.f. 26-5-2017). 

653G.  [Terms  and  conditions  of  service  of  Chairperson  and  Members  of  Appellate                  

Tribunal.] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 

653H. [Vacancies.] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 

1. Ins. by Act 39 of 2007, s. 43 (w.e.f. 12-10-2007). 

       2. Subs. by Act 7 of 2017, s. 171, for the heading (w.e.f. 26-5-2017). 
       3. 12-10-2007, vide S.O. No. 1747(E), dated 12-10-2007. 
       4. Subs. by Act 7 of 2017, s. 171, for section 53A (w.e.f. 26-5-2017). 
       5. 20-5-2009, vide S.O. No 1242(E), dated 15-5-2009. 

6. 20-12-2007, vide S.O. No. 2167(E), dated 20-12-2007. 

28 

 
                                                           
153-I. [Resignation of Chairperson and Members of Appellate Tribunal.] Omitted by s. 171, ibid. 

(w.e.f. 26-5-2017). 

153J. [Member of Appellate Tribunal to act as its Chairperson in certain cases.] Omitted by s. 

171, ibid. (w.e.f. 26-5-2017). 

153K. [Removal and suspension of Chairperson and Members of Appellate Tribunal.] Omitted 

by s. 171, ibid. (w.e.f. 26-5-2017). 

153L. [Restriction on employment of Chairperson and other Members of Appellate Tribunal in 

certain cases.] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 

153M. [Staff of Appellate Tribunal.] Omitted by s. 171, ibid. (w.e.f. 26-5-2017). 

253N.  Awarding  compensation.—(1)  Without  prejudice  to  any  other  provisions  contained  in  this 
Act, the Central Government or a State Government or a local authority or any enterprise or any person 
may make an application to the Appellate Tribunal to adjudicate on claim for compensation that may arise 
from  the  findings  of  the  Commission  or  the  orders  of  the  Appellate  Tribunal  in  an  appeal  against  any 
findings of the Commission or under section 42A or under sub-section (2) of section 53Q of the Act, and 
to pass an order for the recovery of compensation from any enterprise for any loss or damage shown to 
have  been  suffered,  by  the  Central  Government  or  a  State  Government  or  a  local  authority  or  any 
enterprise  or  any  person  as  a  result  of  any  contravention  of  the  provisions  of  Chapter  II,  having  been 
committed by enterprise. 

(2)  Every  application  made  under  sub-section  (1)  shall  be  accompanied  by  the  findings  of  the 

Commission, if any, and also be accompanied with such fees as may be prescribed. 

(3)  The  Appellate  Tribunal  may,  after  an  inquiry  made  into  the  allegations  mentioned  in  the 
application  made  under  sub-section  (1),  pass  an  order  directing  the  enterprise  to  make  payment  to  the 
applicant, of the amount determined by it as realisable from the enterprise as compensation for the loss or 
damage  caused  to  the  applicant  as  a  result  of  any  contravention  of  the  provisions  of  Chapter  II  having 
been committed by such enterprise: 

Provided  that  the  Appellate  Tribunal  may  obtain  the  recommendations  of  the  Commission  before 

passing an order of compensation. 

(4) Where any loss or damage referred to in sub-section (1) is caused to numerous persons having the 
same interest, one or more of such persons may, with the permission of the Appellate Tribunal, make an 
application under that sub-section for and on behalf of, or for the benefit of, the persons so interested, and 
thereupon, the provisions of rule 8 of Order 1 of the First Schedule to the Code of Civil Procedure, 1908 
(5 of 1908), shall apply subject to the modification that every reference therein to a suit or decree shall be 
construed as a reference to the application before the Appellate Tribunal and the order of the Appellate 
Tribunal thereon. 

Explanation.—For the removal of doubts, it is hereby declared that— 

(a) an application may be made for compensation before the Appellate Tribunal only after either 
the  Commission  or  the  Appellate  Tribunal  on  appeal  under  clause  (a)  of  sub-section  (1)  of  section 
53A of the Act, has determined in a proceeding before it that violation of the provisions of the Act 
has  taken  place,  or  if  provisions  of  section  42A  or  sub-section  (2)  of  section  53Q  of  the  Act  are 
attracted; 

(b)  enquiry  to  be  conducted  under  sub-section  (3)  shall  be  for  the  purpose  of  determining  the 
eligibility and quantum of compensation due to a person applying for the same, and not for examining 
afresh the findings of the Commission or the Appellate Tribunal on whether any violation of the Act 
has taken place. 
253-O.  Procedure  and  powers  of  Appellate  Tribunal.—(1)  The  Appellate  Tribunal  shall  not  be 
bound by the procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided 
by the principles of natural justice and, subject to the other provisions of this Act and of any rules made 

1. 20-12-2007, vide S.O. No. 2167(E), dated 20-12-2007. 
2. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009. 

29 

 
                                                           
by  the  Central  Government,  the  Appellate  Tribunal  shall  have  power  to  regulate  its  own  procedure 
including the places at which they shall have their sittings. 

(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the 
same  powers  as  are  vested  in  a  civil  court  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  while 
trying a suit in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavit; 

(d)  subject  to  the  provisions  of  sections  123  and  124  of  the  Indian  Evidence  Act,  1872                          

(1 of 1872), requisitioning any public record or document or copy of such record or document from 
any office; 

(e) issuing commissions for the examination of witnesses or documents; 

(f) reviewing its decisions; 

(g) dismissing a representation for default or deciding it ex parte; 

(h) setting aside any order of dismissal of any representation for default or any order passed by it 

ex parte; 

(i) any other matter which may be prescribed. 

(3)  Every  proceedings  before  the  Appellate  Tribunal  shall  be  deemed  to  be  judicial  proceedings 
within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code 
(45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195  
and Chapter XXVI of the Code or Criminal Procedure, 1973 (2 of 1974). 

153P. Execution of orders of Appellate Tribunal.—(1) Every order made by the Appellate Tribunal 
shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, 
and it shall be lawful for the Appellate Tribunal to send, in case of its inability to execute such order, to 
the court within the local limits of whose jurisdiction,— 

(a) in the case of an order against a company, the registered office of the company is situated; or 

(b) in the case of an order against any other person, place where the person concerned voluntarily 

resides or carries on business or personally works for gain, is situated. 

(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any 
order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if 
it were a decree made by that court. 

153Q. Contravention of orders of Appellate Tribunal.—(1) Without prejudice to the provisions of 
this Act, if any person contravenes, without any reasonable ground, any order of the Appellate Tribunal, 
he shall be liable for a penalty of not exceeding rupees one crore or imprisonment for a term up to three 
years or with both as the Chief Metropolitan Magistrate, Delhi may deem fit: 

Provided  that  the  Chief  Metropolitan  Magistrate,  Delhi  shall  not  take  cognizance  of  any  offence 
punishable  under  this sub-section, save  on  a  complaint  made  by  an  officer  authorised  by  the  Appellate 
Tribunal. 

(2)  Without  prejudice  to  the  provisions  of  this  Act,  any  person  may  make  an  application  to  the 
Appellate  Tribunal  for  an  order  for  the  recovery  of  compensation  from  any  enterprise  for  any  loss  or 
damage  shown  to  have  been  suffered,  by  such  person  as  a  result  of  the  said  enterprise  contravening, 
without  any  reasonable  ground,  any  order  of  the  Appellate  Tribunal  or  delaying  in  carrying  out  such 
orders of the Appellate Tribunal. 

253R. [Vacancy in Appellate Tribunal not to invalidate acts or proceedings.] Omitted by s. 171, 

ibid. (w.e.f. 26-5-2017). 

1. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009. 
2. 20-12-2007, vide S.O. No. 2167(E), dated 20-12-2007. 

30 

 
                                                           
 
153-S. Right to legal representation.—(1) A person preferring an appeal to the Appellate Tribunal 
may either appear in person or authorise one or more chartered accountants or company secretaries or cost 
accountants  or  legal  practitioners  or  any  of  its  officers  to  present  his  or  its  case  before  the  Appellate 
Tribunal. 

(2) The Central Government or a State Government or a local authority or any enterprise preferring 
an  appeal  to  the  Appellate  Tribunal  may  authorise  one  or  more  chartered  accountants  or  company 
secretaries or cost accountants or legal practitioners or any of its officers to act as presenting officers and 
every person so authorised may present the case with respect to any appeal before the Appellate Tribunal. 

(3) The Commission may authorise one or more chartered accountants or company secretaries or cost 
accountants or legal practitioners or any of its officers to act as presenting officers and every person so 
authorised may present the case with respect to any appeal before the Appellate Tribunal. 

Explanation.—The expressions “chartered accountant” or “company secretary” or “cost accountant” 
or “legal practitioner” shall have the meanings respectively assigned to them in the Explanation to section 
35. 

153T.  Appeal  to  Supreme  Court.—The  Central  Government  or  any  State  Government  or  the 
Commission or any statutory authority or any local authority or any enterprise or any person aggrieved by 
any decision or order of the Appellate Tribunal may file an appeal to the Supreme Court within sixty days 
from the date of communication of the decision or order of the Appellate Tribunal to them: 

Provided that the Supreme court may, if it is satisfied that the applicant was prevented by sufficient 
cause from filing the appeal within the said period, allow it to be filed after the expiry of the said period 
of sixty days. 

153U. Power to Punish for contempt.—The Appellate Tribunal shall have, and exercise, the same 
jurisdiction, powers and authority in respect of contempt of itself as a High Court has and may exercise 
and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (70 of 1971) shall have effect 
subject to modifications that,— 

(a)  the  reference  therein  to  a  High  Court  shall  be  construed  as  including  a  reference  to  the 

Appellate Tribunal; 

(b) the references to the Advocate-General in section 15 of the said Act shall be construed as a 
reference to such Law Officer as the Central Government may, by notification, specify in this behalf.] 

CHAPTER IX 

MISCELLANEOUS 

54. Power to exempt.—The Central Government may, by notification, exempt from the application 

of this Act, or any provision thereof, and for such period as it may specify in such notification— 

(a) any class of enterprises if such exemption is necessary in the interest of security of the State or 

public interest; 

(b) any practice or agreement arising out of and in accordance with any obligation assumed by 

India under any treaty, agreement or convention with any other country or countries; 

(c) any enterprise which performs a sovereign function on behalf of the Central Government or a 

State Government: 

Provided that in case an enterprise is engaged in any activity including the activity relatable to the 
sovereign functions of the Government, the Central Government may grant exemption only in respect 
of activity relatable to the sovereign functions. 

55.  Power  of  Central  Government  to  issue  directions.—(1)  Without  prejudice  to  the  foregoing 
provisions of this Act, the Commission shall, in exercise of its powers or the performance of its functions 
under this Act, be bound by such directions on questions of policy, other than those relating to technical 
and administrative matters, as the Central Government may give in writing to it from time to time: 

1. 20-5-2009, vide S.O. No. 1242(E), dated 15-5-2009. 

31 

 
                                                           
 
Provided that the Commission shall, as far as practicable, be given an opportunity to express its views 

before any direction is given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

56.  Power  of  Central  Government  to  supersede  Commission.—(1)  If  at  any  time  the  Central 

Government is of the opinion— 

(a)  that  on  account  of  circumstances  beyond  the  control  of  the  Commission,  it  is  unable  to 

discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or 

(b) that the Commission has persistently made default in complying with any direction given by 
the  Central  Government  under  this  Act  or  in  the  discharge  of  the  functions  or  performance  of  the 
duties imposed on it by or under the provisions of this Act and as a result of such default the financial 
position of the Commission or the administration of the Commission has suffered; or 

(c) that circumstances exist which render it necessary in the public interest so to do, 

the  Central  Government  may,  by  notification  and  for  reasons  to  be  specified  therein,  supersede  the 
Commission for such period, not exceeding six months, as may be specified in the notification: 

Provided  that  before  issuing  any  such  notification,  the  Central  Government  shall  give  a  reasonable 
opportunity  to  the  Commission  to  make  representations  against  the  proposed  supersession  and  shall 
consider representations, if any, of the Commission. 

(2) Upon the publication of a notification under sub-section (1) superseding the Commission,— 

(a)  the  Chairperson  and  other  Members  shall,  as  from  the  date  of  supersession,  vacate  their 

offices as such; 

(b)  all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 
exercised  or  discharged  by  or  on  behalf  of  the  Commission  shall,  until  the  Commission  is 
reconstituted under sub-section (3), be exercised and discharged by the Central Government or such 
authority as the Central Government may specify in this behalf; 

(c)  all  properties  owned  or  controlled  by  the  Commission  shall,  until  the  Commission  is 

reconstituted under sub-section (3), vest in the Central Government. 

(3) On or before the expiration of the period of supersession specified in the notification issued under 
sub-section (1), the Central Government shall reconstitute the Commission by a fresh appointment of its 
Chairperson and other Members and in such case any person who had vacated his office under clause (a) 
of sub-section (2) shall not be deemed to be disqualified for re-appointment. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of 
any action taken under this section and the circumstances leading to such action to be laid before each 
House of Parliament at the earliest. 

57. Restriction on disclosure of information.—No information relating to any enterprise, being an 
information which has been obtained by or on behalf of 1[the Commission or the Appellate Tribunal] for 
the purposes of this Act, shall, without the previous permission in writing of the enterprise, be disclosed 
otherwise than in compliance with or for the purposes of this Act or any other law for the time being in 
force. 

2[58. Chairperson, Members, Director General, Secretary, officers and other employees, etc., to 
be public servants.—The Chairperson and other Members and the Director General, Additional, Joint, 
Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission 
and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed, 
while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants 
within the meaning of section 21 of the Indian Penal Code (45 of 1860).] 

59. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall 
lie  against  the  Central  Government  or  Commission  or  any  officer  of  the  Central  Government  or  the 

1. Subs. by Act 39 of 2007, s. 44, for “the Commission” (w.e.f. 12-10-2007). 
2. Subs. by s. 45, ibid., for section 58 (w.e.f. (12-10-2007). 

32 

 
                                                           
Chairperson  or  any  Member  or  the  Director  General,  Additional,  Joint,  Deputy  or  Assistant  Directors 
General  or  1[the  Secretary  or  officers  or  other  employees  of  the  Commission  or  the  Chairperson, 
Members,  officers  and  other  employees  of  the  Appellate  Tribunal]  for  anything  which  is  in  good  faith 
done or intended to be done under this Act or the rules or regulations made thereunder. 

60.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  shall  have  effect  notwithstanding 

anything inconsistent therewith contained in any other law for the time being in force. 

61. Exclusion of jurisdiction of civil courts.—No civil court shall have jurisdiction to entertain any 
suit  or  proceeding  in  respect  of  any  matter  which  the  2[Commission  or  the  Appellate  Tribunal]  is 
empowered  by  or  under this  Act to  determine and  no  injunction  shall be  granted  by  any  court  or  other 
authority in respect of any action taken or to be taken in pursuance of any power conferred by or under 
this Act. 

62. Application of other laws not barred.—The provisions of this Act shall be in addition to, and 

not in derogation of, the provisions of any other law for the time being in force. 

63. Power  to  make rules.—(1) The  Central  Government  may,  by  notification,  make  rules  to  carry 

out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

3[(a) the term of the Selection Committee and the manner of selection of panel of names under 

sub-section (2) of section 9;] 

(b) the form and manner in which and the authority before whom the oath of office and of secrecy 

shall be made and subscribed to under sub-section (3) of section 10; 

4* 

* 

* 

* 

* 

(d) the salary and the other terms and conditions of service including travelling expenses, house 
rent allowance and conveyance facilities, sumptuary allowance and medical facilities to be provided 
to the Chairperson and other Members under sub-section (1) of section 14; 

5[(da) the number of Additional, Joint, Deputy or Assistant Directors General or such officers or 
other  employees  in  the  office  of  Director  General  and  the  manner  in  which  such  Additional,  Joint, 
Deputy or Assistant Directors General or such officers or other employees may  be appointed under 
sub- section (1A) of section 16; ] 

(e)  the  salary,  allowances  and  other  terms  and  conditions  of  service  of  the  Director  General, 
Additional, Joint, Deputy or Assistant Directors General or 6[such officers or other employees] under 
sub-section (3) of section16; 

(f)  the  qualifications  for  appointment  of  the  Director  General,  Additional,  Joint,  Deputy  or 
Assistant Directors General or 6[such officers or other employees] under sub-section (4) of section 16; 

(g) the salaries and allowances and other terms and conditions of service of the 7[Secretary] and 

officers  and  other  employees  payable,  and  the  number  of  such  officers  and  employees  under                  
sub-section (2) of section17; 

8* 

* 

* 

* 

* 

(k) the form in which the annual statement of accounts shall be prepared under sub-section (1) of 

section 52; 

1. Subs. by Act 39 of 2007, s. 46, for “Registrar or officers or other employees of the Commission” (w.e.f. 12-10-2007). 
2. Subs. by s. 47, ibid., for “Commission” (w.e.f. 12-10-2007). 
3. Subs. by s. 48, ibid., for clause (a) (w.e.f. 12-10-2007). 
4. Cl. (c) omitted by s. 48, ibid. (w.e.f. 12-10-2007) 
5. Ins. by s. 48, ibid. (w.e.f. 12-10-2007). 
6. Subs. by s. 48, ibid., for “such other advisers, consultants or officers” (w.e.f. 12-10-2007). 
7. Subs. by s. 48, ibid., for “Registrar” (w.e.f. 12-10-2007). 
8. Cls. (h), (i) and (j) omitted by s. 48, ibid. (w.e.f. 12-10-2007). 

33 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
(l) the time within which and the form and manner in which the Commission may furnish returns, 
statements  and  such  particulars  as  the  Central  Government  may  require  under  sub-section  (1)  of 
section 53; 

(m)  the  form  in  which  and  the  time  within  which  the  annual  report  shall  be  prepared  under                    

sub-section (2) of section 53; 

1[(ma)  the  form  in  which  an  appeal  may  be  filed  before  the  Appellate  Tribunal  under                        

sub-section (2) of section 53B and the fees payable in respect of such appeal; 

2* 

* 

* 

* 

* 

(me) the fee  which  shall  be  accompanied  with every  application  made  under  sub-section (2) of 

section 53N; 

(mf) the other matters under clause (i) of sub-section (2) of section 53-O in respect of which the 
Appellate  Tribunal  shall  have  powers  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  while 
trying a suit;] 

3[(n) the manner in which the monies transferred to the Competition Commission of India or the 
Appellate Tribunal shall be dealt with by the Commission or the Appellate Tribunal, as the case may 
be, under the fourth proviso to sub-section (2) of section 66;] 

(o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be, or may be, made by rules. 

(3) Every notification issued under sub-section (3) of section 20 and section 54 and every rule made 
under this Act by the Central Government shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session, or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the notification or rule, or both Houses agree that the notification should not be issued or rule should 
not be made, the notification or rule shall thereafter have effect only in such modified form or be of no 
effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity of anything previously done under that notification or rule, as the case may be. 

64.  Power  to  make  regulations.—(1)  The  Commission  may,  by  notification,  make  regulations 

consistent with this Act and the rules made thereunder to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing provisions, such regulations 

may provide for all or any of the following matters, namely:— 

(a) the cost of production to be determined under clause (b) of the Explanation to section 4; 

(b)  the  form  of  notice  as  may  be  specified  and  the  fee  which  may  be  determined  under                     

sub-section (2) of section 6; 

(c) the form in which details of the acquisition shall be filed under sub-section (5) of section 6; 

4[(d)  the  procedures  to  be  followed  for  engaging  the  experts  and  professionals  under                        

sub-section (3) of section 17; 

(e) the fee which may be determined under clause (a) of sub-section (1) of section 19; 

(f)  the  rules  of  procedure  in  regard  to  the  transaction  of  business  at  the  meetings  of  the 

Commission under sub-section (1) of section 22; 

(g) the manner in which penalty shall be recovered under sub-section (1) of section 39; 

(h) any other matter in respect of which provision is to be, or may be, made by regulations.] 

  1. Ins. by Act 39 of 2007, s. 48 (w.e.f. 12-10-2007). 
2. Clauses (mb), (mc) and (md) omitted by Act 7 of 2017, s. 171 (w.e.f. 26-5-2017). 
3. Subs. by Act 39 of 2007, s. 48, for clause (n) (w.e.f. 12-10-2007). 
4. Subs. by s. 49, ibid., for clauses (d) and (e) (w.e.f. 12-10-2007). 

34 

 
 
 
 
 
 
 
                                                           
(3) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in  the  regulation,  or  both  Houses  agree  that  the  regulation  should  not  be  made,  the  regulation  shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that regulation. 

65. Power to remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not  inconsistent  with  the  provisions  of  this  Act  as  may  appear  to  it  to  be  necessary  for  removing  the 
difficulty: 

Provided that no such order shall be made under this section after the expiry of a period of two years 

from the commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

66.  Repeal  and  saving.—1[(1)  The  Monopolies  and  Restrictive  Trade  Practices  Act,  1969               

(54  of  1969)  is  hereby  repealed  and  the  Monopolies  and  Restrictive  Trade  Practices  Commission 
established under sub-section (1) of section 5 of the said Act (hereafter referred to as the repealed Act) 
shall stand dissolved. 

2* 

* 

* 

* 

* 

(1A)  The  repeal  of  the  Monopolies  and  Restrictive  Trade  Practices  Act,  1969  (54  of  1969)  shall, 

however, not affect,— 

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or 

(b)  any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred  under  the  Act  so 

repealed; or 

(c)  any  penalty,  confiscation  or  punishment  incurred  in  respect  of  any  contravention  under  the 

Act so repealed; or 

(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, 
confiscation  or  punishment  as  aforesaid,  and  any  such  proceeding  or  remedy  may  be  instituted, 
continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as 
if that Act had not been repealed.] 

(2)  On  the  dissolution  of  the  Monopolies  and  Restrictive  Trade  Practices  Commission,  the  person 
appointed  as  the  Chairman  of  the  Monopolies  and  Restrictive  Trade  Practices  Commission  and  every 
other  person  appointed  as  Member  and  Director  General  of  Investigation  and  Registration,  Additional, 
Joint, Deputy, or Assistant Directors General of Investigation and Registration and any officer and other 
employee of that Commission and holding office as such immediately before such dissolution shall vacate 
their respective offices and such Chairman and other Members shall be entitled to claim compensation not 
exceeding three months’ pay and allowances for the premature termination of term of their office or of 
any contract of service: 

Provided  that  the  Director  General  of  Investigation  and  Registration,  Additional,  Joint,  Deputy  or 
Assistant Directors General of Investigation and Registration or any officer or other employee who has 
been, immediately before the dissolution of the Monopolies and Restrictive Trade Practices Commission 
appointed on deputation basis to the Monopolies and Restrictive Trade Practices Commission, shall, on 
such dissolution, stand reverted to his parent cadre, Ministry or Department, as the case may be: 

3[Provided  further  that  the  Director  General  of  Investigation  and  Registration,  Additional,  Joint, 
Deputy or Assistant Directors General of Investigation and Registration or any officer or other employee 

1. Subs. by Act 39 of 2007, s. 50, for sub-section (1) (w.e.f. 1-9-2009). 
2. The proviso and the Explanation omitted by Act 39 of 2009, s. 2 (w.e.f. 14-10-2009). 
3. Subs. by Act 39 of 2007, s. 50, for the second proviso (w.e.f. 1-9-2009). 

35 

 
 
 
 
 
 
 
 
 
 
                                                           
who  has  been,  immediately  before  the  dissolution  of  the  Monopolies  and  Restrictive  Trade  Practices 
Commission employed on regular basis by the Monopolies and Restrictive Trade Practices Commission, 
shall become, on and from such dissolution, the officer and employee, respectively, of the  Competition 
Commission  of  India  or  the  Appellate  Tribunal,  in  such  manner  as  may  be  specified  by  the  Central 
Government, with the same rights and privileges as to pension, gratuity and other like matters as would 
have been admissible to him if the rights in relation to such Monopolies and Restrictive Trade Practices 
Commission  had  not  been  transferred  to,  and  vested  in,  the  Competition  Commission  of  India  or  the 
Appellate Tribunal, as the case may be, and shall continue to do so unless and until his employment in the 
Competition  Commission of  India  or  the  Appellate Tribunal,  as the  case  may  be,  is  duly  terminated  or 
until  his  remuneration,  terms  and  conditions  of  employment  are  duly  altered  by  the  Competition 
Commission of India or the Appellate Tribunal, as the case may be:] 

Provided  also  that  notwithstanding  anything  contained  in  the  Industrial  Disputes  Act,  1947                     

(14 of 1947), or in any other law for the time being in force, the transfer of the services of any Director 
General  of  Investigation  and  Registration,  Additional,  Joint,  Deputy  or  Assistant  Directors  General  of 
Investigation  and  Registration  or  any  officer  or  other  employee,  employed  in  the  Monopolies  and 
Restrictive  Trade  Practices  Commission,  to  1[the  Competition  Commission  of  India  or  the  Appellate 
Tribunal, as the case may be,] shall not entitle such Director General of Investigation and Registration, 
Additional, Joint, Deputy or Assistant Directors General of Investigation and Registration or any officer 
or other employee any compensation under this Act or any other law for the time being in force and no 
such claim shall be entertained by any court, tribunal or other authority: 

Provided also that where the Monopolies and Restrictive Trade Practices Commission has established 
a  provident  fund,  superannuation,  welfare  or  other  fund  for  the  benefit  of  the  Director  General  of 
Investigation and Registration, Additional, Joint, Deputy or Assistant Directors General of Investigation 
and Registration or the officers and other employees employed in the Monopolies and Restrictive Trade 
Practices Commission, the monies relatable to the officers and other employees whose services have been 
transferred by or under this Act to  2[the Competition Commission of India or the Appellate Tribunal, as 
the case may be, shall, out of the monies standing], on the dissolution of the Monopolies and Restrictive 
Trade Practices Commission to the credit of such provident fund, superannuation, welfare or other fund, 
stand transferred to, and vest in, 3[the Competition Commission of India or the Appellate Tribunal, as the 
case may be, and such monies which stand so transferred shall be dealt with by the said Commission or 
the Tribunal, as the case may be, in such manner as may be prescribed]. 

4[(3)  All  cases  pertaining  to  monopolistic  trade  practices  or  restrictive  trade  practices  pending 
(including such cases, in which any unfair trade practice has also been alleged), before the Monopolies 
and  Restrictive  Trade  Practices  Commission  shall,  5[on  the  commencement  of  the  Competition 
Amendment Act, 2009 (39 of 2009)] stand transferred to the Appellate Tribunal and shall be adjudicated 
by  the  Appellate Tribunal in  accordance  with  the  provisions  of the  repealed  Act  as  if  that  Act  had  not 
been repealed.] 

6[Explanation.—For  the  removal  of  doubts,  it  is  hereby  declared  that  all  cases  referred  to  in  this              

sub-section, sub-section (4) and sub-section (5) shall be deemed to include all applications made for the 
losses  or  damages  under  section  12B  of  the  Monopolies  and  Restrictive  Trade  Practices  Act,1969            
(54 of 1969) as it stood before its repeal.] 

(4) Subject to the provisions of sub-section (3), all cases pertaining to unfair trade practices other than 
those referred to in clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade 
Practices  Act,  1969  (54  of  1969)  and  pending  before  the  Monopolies  and  Restrictive  Trade  Practices 
Commission  7[immediately  before  the  commencement  of  the  Competition  (Amendment)  Act,  2009          
(39 of 2009), shall, on such commencement], stand transferred to the National Commission constituted 

1. Subs. by Act 39 of 2007, s. 50, for “the Central Government” (w.e.f. 1-9-2009). 
2. Subs. by s. 50, ibid., for “the Central Government shall, out of the monies standing” (w.e.f. 1-9-2009). 
3. Subs. by s. 50, ibid., for certain words (w.e.f. 1-9-2009). 
4. Subs. by s. 50, ibid., for sub-section (3) (w.e.f. 1-9-2009). 
5.  Subs.  by  Act  39  of  2009,  s.  2,  for  “after  the  expiry  of  two  years  referred  to  in  the  proviso  to  sub-section  (1)”                        

(w.e.f. 14-10-2009). 

6. Ins. by s. 2, ibid. (w.e.f. 14-10-2009). 
7.  Subs.  by  s.  2,  ibid.,  for  “on  or  before  the  expiry  of  two  years  referred  to  in  the  proviso  to  sub-section  (1)”                    

(w.e.f. 14-10-2009). 

36 

 
                                                           
under  the  Consumer  Protection  Act,  1986  (68  of  1986)  and  the  National  Commission  shall  dispose  of 
such cases as if they were cases filed under that Act: 

Provided that the National Commission may, if it considers appropriate, transfer any case transferred 
to  it  under  this  sub-section,  to  the  concerned  State  Commission  established  under  section  9  of  the 
Consumer Protection Act, 1986 (68 of 1986) and that State Commission shall dispose of such case as if it 
was filed under that Act: 

1[Provided further that all the cases relating to the unfair trade practices pending, before the National 
Commission under this sub-section, on or before the date on which the Competition (Amendment) Bill, 
2009 receives the assent of the President, shall, on and from that date, stand transferred to the Appellate 
Tribunal and be adjudicated by the Appellate Tribunal in accordance with the provisions of the repealed 
Act as if that Act had not been repealed.] 

2[(5) All cases pertaining to unfair trade practices referred to in clause (x) of sub-section (1) of section 
36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) and pending before the 
Monopolies  and  Restrictive  Trade  Practices  Commission  shall,  3[on  the  commencement  of  the 
Competition (Amendment) Act, 2009 (39 of 2009)], stand transferred to the Appellate Tribunal and the 
Appellate Tribunal shall dispose of such cases as if they were cases filed under that Act.] 

(6)  All  investigations  or  proceedings,  other  than  those  relating  to  unfair  trade  practices,  pending 
before the Director General of Investigation and Registration on or before the commencement of this Act 
shall,  on  such  commencement,  stand  transferred  to  the  Competition  Commission  of  India,  and  the 
Competition Commission of India may conduct or order for conduct of such investigation or proceedings 
in the manner as it deems fit. 

(7) All investigations or proceedings, relating to unfair trade practices, other than those referred to in 
clause (x) of sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 
(54 of 1969) and pending before the Director General of Investigation and Registration on or before the 
commencement of this Act shall, on such commencement, stand transferred to the National Commission 
constituted  under  the  Consumer  Protection  Act,  1986  (68  of  1986)  and  the  National  Commission  may 
conduct or order for conduct of such investigation or proceedings in the manner as it deems fit: 

4[Provided that all investigations or proceedings, relating to unfair trade practices pending before the 
National Commission, on or before the date on which the Competition (Amendment) Bill, 2009 receives 
the assent of the President shall, on and from that date, stand transferred to the Appellate Tribunal and the 
Appellate Tribunal may conduct or order for conduct of such investigation or proceedings in the manner 
as it deems fit.] 

(8)  All  investigations  or  proceedings  relating  to  unfair  trade  practices  referred  to  in  clause  (x)  of            

sub-section (1) of section 36A of the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), 
and  pending  before  the  Director  General  of  Investigation  and  Registration  on  or  before  the 
commencement  of  this  Act  shall,  on  such  commencement,  stand  transferred  to  the  Competition 
Commission of India and the Competition Commission of India may conduct or order for conduct of such 
investigation in the manner as it deems fit. 

(9) Save as otherwise provided under sub-sections (3) to (8), all cases or proceedings pending before 

the Monopolies and Restrictive Trade Practices Commission shall abate. 

(10) The mention of the particular matters referred to in sub-sections (3) to (8) shall not be held to 
prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with 
regard to the effect of repeal.  

1. The proviso inserted by Act 39 of 2009, s. 2 (w.e.f.14-10-2009). 
      2. Subs. by Act 39 of 2007, s. 50, for sub-section (5) (w.e.f. 1-9-2009).  
3. Subs. by Act 39 of 2009, s. 2, for certain words (w.e.f. 14-10-2009). 
4. The proviso ins. by s. 2, ibid., (w.e.f. 14-10-2009). 

37 

 
                                                           
